NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE
Plaintiff, VAN RUITEN FAMILY WINERY, LLC, by and through its attorneys, notifies 2 this Honorable Court and Defendants, pursuant to Federal Rule of Civil Procedure ("FRCP") 3 41(a)(1)(A)(i), that it hereby voluntarily dismisses this action without prejudice as to all 4 defendants. In support thereof, Plaintiff states as follows: 5
1. The parties have executed a settlement agreement and in accordance 6 therewith, Plaintiff filed on January 3, 2013, a Notice of Conditional Settlement with Proposed 7 Order vacating the Case Management Conference; thereafter, the Court continued to January 14, 8 2013 at 2:00 p.m. the initial Case Management Conference; 9
2. Plaintiff now dismisses the instant action without prejudice and without a proposed 10 11 order, pursuant to FRCP 41(a)(1)(A)(i), which states in pertinent part: 12 "(a) Voluntary Dismissal. 13
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared.
(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice."
3. Defendants have not yet answered the complaint or filed a motion for summary judgment, and have no objection to the voluntary dismissal. 24
4. The parties submit that as the case is now voluntarily dismissed, no Case 25 Management conference is warranted, and jointly request that the Case Management Conference 26 be vacated. 27
Dated: January 10, 2013 LAW OFFICES OF WILLIAM W. PALMER By: /s/ WILLIAM W. PALMER, ESQ. Attorneys for Specially Appearing Defendants KEVIN F. SHERWOOD, and DIABLO DRAGON WINES, INC.
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