Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:04-cv-01386-JJF Document 35 Filed O3/O2/2006 Paget of 4
UNITED STATES DISTRICT COURT ‘
, FOR THE DISTRICT OF DELAWARE ·
SANITEC INDUSTRIES, INC., )
)
Plaintiff )
. )
v. ) Civil Action No. O4-1386-JJF
)
SANITEC WORLDWIDE, LTD., )
Defendant. )
PLAIN TIFF’S MOTION FOR VOLUNTARY DISMISSAL
Plaintiff Sanitec Industries, Inc. ("Industries") moves, pursuant to
Fed. R. Civ. P. 4l(a)(2), to dismiss this action without prejudice against defendant, Sanitec
Worldwide, Ltd. ("Worldwide"). As a result of a decision in California litigation, two fonner
defendants here, Jeffrey J. Weinsten and James H. Smith, have been determined to have no
ownership interest in Worldwide. Instead, James Harkess, a director, officer and shareholder of
Industries, has been determined to be the person that owns and controls Worldwide. Industries is
essentially suing itself and there is no need to continue this action.
March 2, 2006 THE BAYARD FIRM
/s/ Richard D. Kirk (rk0922)
222 Delaware Avenue, 9th Floor
Wilmington, DE l980l
‘ (302) 655-5000
rkirk@bayardfirm. com
Attorneys for PIHIIZZWSHTZIIQC Industries, [nc.
Of Counsel: and
Richard J. Oparil Jennifer L. King
PATTON BOGGS LLP PATTON BOGGS LLP
2550 M Street, NW 8484 Westpark Drive
Washington, DC 20037 McLean, VA 22102
(202) 457-6000 (703) 744-8000 _
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Case 1:04-cv-01386-JJF Document 35 Filed O3/O2/2006 Page 2 of 4
UNITED STATES DISTRICT COURT ”
. F OR THE DISTRICT OF DELAWARE ·
SANITEC INDUSTRIES, INC., )
Plaintiff, )
v. I ) Civil Action No. 04-1386-JJF
SANITEC WORLDWIDE, LTD., )
Defendant. ) U
ORDER
Whereas, plaintiff, Sanitec Industries, Inc. ("Industries"), filed this action against
defendants, Sanitec Worldwide, Ltd. ("Worldwide"), Jefney J. Weinsten ("Weinsten") and James
Hr Smith ("Smith"), on October 25, 2004.
Whereas, the Superior Court of Los Angeles County, California, in a case captioned
Har/cess v. Quinn, et al., No. 311681, rendered judgment that, inter alia, two former defendants
here, Weinsten and Smith or any entity affiliated with them, have no ownership interest in
Worldwide and enjoined them and all persons acting in concert with them from asserting any
such interest. Instead, James Harkess ("Harkess"), a director, officer and shareholder of
Industries, has been determined to be the person that owns and controls Worldwide by reason of
his ownership of Windsor Holdings, LLC. As a result, Industries is essentially suing itself and
there is no need to continue this action.
Whereas, Worldwide failed to timely respond to requests for admissions served by
Industries and as a matter of law the requests are deemed to be true, including pertaining to the
ownership of Worldwide.

Case 1:04-cv-01386-JJF Document 35 Filed O3/O2/2006 Page 3 of 4
Whereas, as a result ofthe foregoing, Industries moves to dismiss this action against the
remaining defendant, Worldwide, without prejudice, pursuant to Fed. R. Civ. P. 4l(a)(2), it is
hereby
ORDERED that ,Industries' motion for voluntary dismissal without prejudice is
GRANTED; and it is hereby further
ORDERED that each party shall bear its own costs. ‘e
SIGNED this ___day of , 2006.
UNITED STATES DISTRICT JUDGE
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Case 1:04-cv-01386-JJF Document 35 Filed O3/O2/2006 Page 4 of 4
CERTIFICATE OF SERVICE '
The undersigned counsel certifies that, on March 2, 2006, he electronically filed the
foregoing document with the Clerk of the Court using CM/ECF, which will send automatic
notification of the filing to the following
David L. Finger, Esq.
Finger & Slanina
One Commerce Center ‘
1201 Orange Street, Suite 725
Wilmington, DE 19801
The undersigned further certifies that copies of the foregoing were sent to the above
counsel by hand on March 2, 2006.
/s/ Richard D. Kirk g#922)
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