Opinion
CASE NO. CV11 05492 AHM (Ex)
09-15-2011
CASEY CONNOR MORSE, Plaintiff, v. APARTMENT INVESTMENT AND MANAGEMENT COMPANY, d/b/a and/or a/k/a AIMCO PROPERTIES, LP and JOHN DOE HUMAN PERSONS and/or ENTITY-PERSONS, Defendants.
Wood, Smith, Henning & Berman, LLP Victoria L. Ersoff Matthew O. Kovacs Attorneys for AIMCO Parrish and Shaw, An Association of Attorneys Larry E. Parrish Attorney for Plaintiff Law Offices of Charles S. LiMandri Charles S. LiMandri Attorney for Plaintiff
ORDER OF DISMISSAL WITHOUT PREJUDICE
Complaint Filed: January 19, 2011
[Assigned for All Purposes to Judge A. Howard Matz, Courtroom 14]
Discovery Cutoff: None Set
Motion Cutoff: None Set
Trial Date: None Set
This cause came before the Court on a Joint Motion To Dismiss Without Prejudice, filed jointly, by Defendant, Apartment Investment And Management Company, d/b/a and/or a/k/a AIMCO Properties, LP and John Doe Human Persons and/or Entity-Persons (hereinafter collectively "AIMCO") and Plaintiff, Casey Connor Morse (hereinafter "Plaintiff"). This Court, being duly advised, finds, based on and because of the arguments between AIMCO and Plaintiff judicially admitted in the Joint Motion that the Joint Motion should be GRANTED. Therefore, it is
ORDERED, ADJUDGED AND DECREED that the above-styled case should be and the same hereby is dismissed without prejudice;
FURTHER ORDERED, ADJUDGED AND DECREED that AIMCO, in California Superior Court, shall not assert any defense, to claims made in the instant civil action, based on the accrual of any applicable statute of limitation, contending that the civil action was filed on a date later than January 19, 2011 or based on res judicata or any similar claim preclusive doctrine or theory so long as Plaintiff refiles the case in California Superior Court no more than thirty (30) days after this order is filed, or by October 12, 2011, whichever is the last to occur
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UNITED STAGES DISTRICT COURT JUDGE
APPROVED IN FORM AND SUBSTANCE:
Wood, Smith, Henning & Berman, LLP
Victoria L. Ersoff
Matthew O. Kovacs
Attorneys for AIMCO
Parrish and Shaw, An Association of Attorneys
Larry E. Parrish
Attorney for Plaintiff
Law Offices of Charles S. LiMandri
Charles S. LiMandri
Attorney for Plaintiff