Opinion
21-cv-1950-MMA (DDL)
09-15-2022
EPICENTRX, INC., Plaintiff, v. JAMES A. BIANCO, M.D., et al., Defendants. JAMES A. BIANCO, M.D., et al., Counter Claimants, v. EPICENTRX, INC., et al., Counter Defendants. DONNA TEMPEL, Ph. D., et al., Third Party Plaintiffs, v. FRANK BINKHAUS, et al., Third Party Defendants.
ORDER DISCHARGING ORDER TO SHOW CAUSE AND DISMISSING COUNTER COMPLAINT AND THIRD-PARTY COMPLAINT
HON. MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE
On August 29, 2021, the Court ordered Counterclaimants and Third-Party Plaintiffs James A. Bianco, M.D. and Donna Tempel, Ph. D. to show cause why their Countercomplaint and Third-Party Complaint should not be dismissed for failure to serve. See Doc. No. 27 (the “OSC”). Bianco and Tempel responded to the OSC, see Doc. No. 30, and filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), see Doc. No. 29. Accordingly, the Court DISCHARGES the OSC and DISMISSES Bianco and Tempel's counterclaims and third-party claims, asserted in their Amended Answer, Counterclaims, and Third-Party Claims, see Doc. No. 15, without prejudice.
IT IS SO ORDERED.