Free Notice of Withdrawal of Document - District Court of California - California

Case 3:07-cv-02185-W-CAB

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DON E. LANSON, SBN 163414 MANFREDI, LEVINE, ECCLES & MILLER, APC 3262 E. Thousand Oaks Blvd., Suite 200 Westlake Village, CA 91362-3400 Tele: (805) 379-1919/ Fax: (805) 379-3819 Attorneys for Defendant, TROOP REAL ESTATE, INC. dba LUXURY AT A FRACTION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ROBERT K. VICINO, an individual; and FRACTIONAL VILLAS, INC., a California corporation, Plaintiffs, vs. LUXURY AT A FRACTION, an unknown entity; and TROOP REAL ESTATE, INC., a California corporation; and, DOES 1 through 25, inclusive, Defendants. Case No.: 07CV 2185 W CAB JUDGE: The Hon. Thomas J. Whelan NOTICE OF TAKING MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT OFF CALENDAR Date: February 11, 2008 Time: 10:30 a.m. Crtrm.: 7

TO THIS HONORABLE COURT AND THE TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: Notice is hereby given that Defendant TROOP REAL ESTATE, INC.'s dba LUXURY AT A FRACTION ("Defendant"), motion to dismiss and motion to strike portions of plaintiffs' complaint, scheduled for hearing on February 11, 2008, at 10:30 a.m., and which are docketed as numbers five (5) and six (6) in the above-referenced
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CASE NO. 07CV2185W CAB

Case 3:07-cv-02185-W-CAB

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department of the above-captioned court, are hereby taken off calendar in light of the filing of a First Amended Complaint. Dated: February 1, 2008 MANFREDI, LEVINE, ECCLES & MILLER, APC BY: s/ Don Lanson DON E. LANSON Attorneys for Defendant, TROOP REAL ETATE, INC. dba LUXURY AT A FRACTION

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CASE NO. 07CV2185W CAB

Case 3:07-cv-02185-W-CAB

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Filed 02/01/2008

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PROOF OF SERVICE COUNTY OF VENTURA ) ) ss. STATE OF CALIFORNIA ) I, the undersigned, hereby declare that: I am over the age of 18 and not a party to the within action. I am employed in the County of Ventura, State of California. My business address is Manfredi, Levine, Eccles & Miller, APC, 3262 E. Thousand Oaks Boulevard, Suite 200, Westlake Village, California 91362. On February 1, 2008 I served the foregoing document(s) described as: NOTICE OF TAKING MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT OFF CALENDAR on the interested parties by placing a true copy thereof in a sealed enveloped addressed as follows: Henry Harmeling IV, Esq. LAW OFFICES OF HENRY HARMELING IV, APC 550 W. C St., Suite 2000 San Diego, CA 92101 in the following manner: X VIA U. S. MAIL: I deposited such envelope(s) with postage thereon fully prepaid, in the United States Mail at Westlake Village, California. VIA FACSIMILE: I delivered said document(s) by facsimile transmission to the above telephone fax number(s). VIA FEDERAL EXPRESS: I shipped said document(s) FedEx Priority Overnight by Federal Express in an envelope/package designated by Federal Express addressed to the above person(s) to be served. I declare under penalty of perjury that the foregoing is true and correct, and that this Declaration is executed on February 1, 2008, at Westlake Village, California. Tammy L. Schroeder
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CASE NO. 07CV2185W CAB