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Viola Coppola, Gary Coppola, and the Trust of Anthony M. Coppola v. Gregory Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION


November 28, 2012

VIOLA COPPOLA, GARY COPPOLA, AND THE TRUST OF ANTHONY M. COPPOLA; PLAINTIFFS,
v.
GREGORY SMITH, AN INDIVIDUAL,
RICHARD LASTER, AN INDIVIDUAL; AND
THE JANE HIGGINS NASH TRUST;
JANE NASH AS EXECUTOR OF THE ESTATE OF DECATUR HIGGINS A/K/A THE ESTATE OF MABEL ELAINE HIGGINS, HARLEY MILLER, AN INDIVIDUAL, CHERYL MILLER, AN INDIVIDUAL, MARTIN AND MARTIN PROPERTIES, BENART MAIN STREET PROPERTIES,CAL WATER SERVICE COMPANY, THE CITY OF VISALIA AND DOES 1-20, INCLUSIVE; DEFENDANTS.

ORDER GRANTING DISMISSAL OF BENART MAIN STREET PROPERTIES, ONLY WITHOUT PREJUDICE PURSUANT TO FRCP 41(a) RELATED CROSS AND COUNTER-CLAIMS

Defendant Benart - Main Street Investors, a California corporation (erroneously sued as Benart Main Street Properties) ONLY is dismissed WITHOUT PREJUDICE from Plaintiffs Viola Coppola, Gary Coppola and the Trust of Anthony M. Coppola's Third Amended Complaint pursuant to Federal Rule of Civil Procedure 41(a). Further, pursuant to agreement between the parties, each side shall bear their own fees and costs.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20121128

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