Opinion
Case No. 2:04-CV-00793
05-03-2013
DRFP, LLC, Plaintiff, v. THE REPUBLICA BOLIVARIANA DE VENEZUELA, et al., Defendants.
JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Terence P. Kemp
ORDER
The Court is in the process of considering pending Motions in this matter, including Defendants' Motion to Dismiss under Federal Rule of Civil Procedure 12(b). In their Motion to Dismiss, Defendants maintain that they are immune under the Foreign Sovereign Immunities Act ("FSIA") with respect to Plaintiff's claims for promissory estoppel and negligence. Plaintiff indicates in briefing that to prevent any further delay to this action it is willing to withdraw these two claims. Plaintiff does not expressly indicate whether it is seeking to withdraw these claims with or without prejudice. Under these circumstances, Plaintiff is DIRECTED to inform the Court as soon as practicable, but no later then WEDNESDAY MAY 8, 2013, whether it is seeking leave to withdraw its promissory estoppel and negligence claims with or without prejudice. Plaintiff may inform the Court through a simple notice, no further briefing is permitted.
IT IS SO ORDERED.
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EDMUND A. SARGUS , JR.
UNITED STATES DISTRICT JUDGE