Opinion
Case No.: 1:11-CV-01257-AWI-BAM
11-28-2012
VIOLA COPPOLA, GARY COPPOLA, and THE TRUST OF ANTHONY M. COPPOLA; Plaintiffs, v. GREGORY SMITH, an individual, RICHARD LASTER, an individual; and THE JANE HIGGINS NASH TRUST; JANE NASH AS EXECUTOR OF THE ESTATE OF DECATUR HIGGINS A/K/A THE ESTATE OF MABEL ELAINE HIGGINS, HARLEY MILLER, an individual, CHERYL MILLER, an individual, MARTIN AND MARTIN PROPERTIES, BENART MAIN STREET PROPERTIES,CAL WATER SERVICE COMPANY, the CITY OF VISALIA and DOES 1-20, inclusive; Defendants. RELATED CROSS AND COUNTER-CLAIMS
GREBEN & ASSOCIATES
Brett A. Boon, SBN 283225
Attorneys for Plaintiffs VIOLA COPPOLA, GARY COPPOLA,
and THE TRUST OF ANTHONY M. COPPOLA
ORDER GRANTING DISMISSAL OF
BENART MAIN STREET PROPERTIES,
ONLY WITHOUT PREJUDICE
PURSUANT TO FRCP 41(a)
ORDER
Defendant Benart - Main Street Investors, a California corporation (erroneously sued as Benart Main Street Properties) ONLY is dismissed WITHOUT PREJUDICE from Plaintiffs Viola Coppola, Gary Coppola and the Trust of Anthony M. Coppola's Third Amended Complaint pursuant to Federal Rule of Civil Procedure 41(a).
Further, pursuant to agreement between the parties, each side shall bear their own fees and costs. IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE