IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 23, 2012
VIRGINIA C. MOON, ON HER OWN BEHALF AND ON BEHALF OF THE PETERS RUSH HABIB & MCKENNA 401(K) PROFIT SHARING PLAN, PLAINTIFF,
DAVID H. RUSH, MARK A. HABIB, AND JAMES P. MCKENNA, DEFENDANTS. DAVID H. RUSH, COUNTER-CLAIMANT,
VIRGINIA C. MOON, COUNTER-DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
On February 10, 2012, Counter-defendant Virginia C. Moon ("Moon") filed a motion to dismiss Counter-claimant David H. Rush's ("Rush") Counter-claims. (ECF No. 11.) However, Rush filed his First Amended Counter-claims on March 2, 2012. Since Moon's dismissal motion does not concern Rush's operative counter-claims, the motion is denied as moot and the hearing scheduled for April 2, 2012 is vacated.