Opinion
CASE NO. C-05-0571 SC.
October 11, 2005
DAVID F. GROSS (Bar No. 083547) JEFFREY M. HAMERLING (Bar No. 091532) JOHN R. HURLEY (Bar No. 203641) DLA PIPER RUDNICK GRAY CARY US LLP San Francisco, CA.
Attorneys for Defendant REVERE SUPPLY, INC.
HENNEFER WOOD.
JAMES A. HENNEFER Attorneys for Plaintiffs COAST MARINE INDUSTRIAL SUPPLY, INC., and OCEANS WEST MARINE SUPPLY, INC.
FULBRIGHT JAWORSKI L.L.P.
PETER H. MASON Attorneys for Defendant RFD BEAUFORT, LTD. and RFD BEAUFORT, INC.
STIPULATION AND [PROPOSED] ORDER TAKING RULE 12(B)(6) MOTIONS OFF CALENDAR
Plaintiffs Coast Marine Industrial Supply, Inc. and Oceans West Marine Industrial Supply, Inc. (collectively "Plaintiffs") and Defendants Revere Supply, Inc., RFD Beaufort, Ltd., and RFD Beaufort, Inc. (collectively "Defendants") have reached a settlement in principle in this matter and are in the process of documenting the settlement.
The parties, through their respective counsel, therefore stipulate and request that Defendants' Rule 12(b)(6) motions to dismiss, currently set for hearing on October 28, 2005, be taken off calendar without prejudice to Defendants' right to later refile and/or assert the arguments therein.
[proposed] ORDER
Based on the stipulation of the parties and good cause shown, Defendants' Rule 12(b)(6) motions to dismiss, currently set for hearing on October 28, 2005, are herby taken off calendar without prejudice to Defendants' right to later refile and/or assert the arguments therein.IT IS SO ORDERED.