Opinion
No. C 01-4286 MMC.
July 22, 2003.
ORDER DISMISSING THE RICE CORPORATION'S COUNTERCLAIM AGAINST CIMECO WITHOUT PREJUDICE
By-order filed January 27, 2003, the Court extended to June 2, 2003 the time for counter-claimant The Rice Corporation ("TRC") to serve, and to file proof of such service on, counter-defendant Cimeco. To date, TRC has not filed proof of service of its counterclaim on Cimeco.
Accordingly, TRC's counterclaim against Cimeco is hereby DISMISSED without prejudice. See Fed.R.Civ.P. 4(m).