Opinion
2:11-cv-03102-GEB-CKD
03-23-2012
VIRGINIA C. MOON, on her own behalf and on behalf of the Peters Rush Habib & McKenna 401(k) Profit Sharing Plan, Plaintiff, v. DAVID H. RUSH, MARK A. HABIB, and JAMES P. MCKENNA, Defendants. DAVID H. RUSH, Counter-claimant, v. VIRGINIA C. MOON, Counter-defendant.
ORDER
This matter is deemed suitable for decision without oral argument. E.D. Cal. R. 230(g).
On February 10, 2012, Counter-defendant Virginia C. Moon ("Moon") filed a motion to dismiss Counter-claimant David H. Rush's ("Rush") Counter-claims. (ECF No. 11.) However, Rush filed his First Amended Counter-claims on March 2, 2012. Since Moon's dismissal motion does not concern Rush's operative counter-claims, the motion is denied as moot and the hearing scheduled for April 2, 2012 is vacated.
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GARLAND E. BURRELL, JR.
United States District Judge