Opinion
Case No. C-02-902 BZ-ARB
September 10, 2002
STEVEN J. MEHLMAN, MARC L. TERBEEK, TURNER MEHLMAN, Walnut Creek, CA, Attorneys for David S. Taylor, Plaintiff.
STIPULATION REQUEST FOR DISMISSAL OF ACTION AND ORDER THEREON
RECITALS
1. Whereas Plaintiff David S. Taylor commenced the instant action in order to forestall a threatened lawsuit by Defendants that had no basis and which was intended to inflict substantial economic and emotional harm on Plaintiff;
2. Whereas Defendants, upon being notified that any such lawsuit would be removed to this Court, declined to pursue the matter without the need for Plaintiff to effect service of the instant lawsuit upon them;
3. Whereas Plaintiff is satisfied that Defendants have abandoned their claims against him, and therefore does not want to impose upon them the needless of expense of litigation in California, or incur such expense himself; and
4. Whereas Plaintiff is the sole party appearing in this action by virtue of the foregoing facts . . .
STIPULATION REQUEST FOR DISMISSAL
It is hereby stipulated by Plaintiff, the sole party appearing in this action, that the dispute giving rise to the filing of this action has become moot, and that a dismissal of this action is appropriate, without prejudice to refile same in the event circumstances so warrant. Accordingly, Plaintiff hereby respectfully requests dismissal of said action, without prejudice.
Dated: September 3, 2002
TURNER MEHLMAN By _______________________________ Marc L. TerBeek Attorneys for Plaintiff
ORDER DISMISSING ACTION NO. C-02-0092 BZ-ARB WITHOUT PREJUDICE
The Court, having considered the foregoing stipulation by Plaintiff, and finding good cause in support thereof, and further finding that dismissal of the above captioned matter is appropriate and warranted, and in the interests of substantial justice, hereby dismisses said matter, without prejudice.Pursuant to Rule 41(a)(1)(i), Plaintiff may dismiss this case without a court order, no defendant having answered or moved for a summary judgment.