Natural Wellness Centers of America, Inc. v. J.R. Andorin. Inc.

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Docket Number

Case No: CV 11-04642 EDL

Judges

Elizabeth D. Laporte

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Smart Summary

Factual and Procedural Background

This opinion addresses a procedural matter concerning the dismissal of a defendant in the case titled Natural Wellness Centers of America, Inc. v. J.R. Andorin, Inc., filed in the United States District Court for the Northern District of California. The plaintiff, Natural Wellness Centers of America, Inc., requested dismissal with prejudice of defendant Natwell, Inc. The dismissal was made pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, which governs voluntary dismissal of actions by plaintiffs.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court's decision was based on the plaintiff’s request for dismissal under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. This rule permits a plaintiff to voluntarily dismiss an action without a court order if the opposing party has not yet served an answer or motion for summary judgment. The parties agreed to waive rights to appeal and to bear their own costs and attorney's fees. The court granted the dismissal with prejudice, thereby preventing the plaintiff from refiling the claim against Natwell, Inc.

Holding and Implications

The court ordered the dismissal with prejudice of defendant Natwell, Inc. pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure.

The direct effect of this decision is that Natwell, Inc. is dismissed from the case permanently, with no ability for the plaintiff to bring the same claims against it again. The parties each bear their own costs and attorney’s fees. The opinion sets no new legal precedent and primarily resolves a procedural dismissal request.

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NATURAL WELLNESS CENTERS OF AMERICA, INC., a California Corporation dba NATURAL WELLNESS CENTERS OF AMERICA and NATURALWELLNESS.COM Plaintiff, v. J.R. ANDORIN. INC., a New York Corporation d/b/a NATURAL WELLNESS and d/b/a/ NATURAL-WELLNESS.COM and d/b/a/ NATURALWELLNESS0NLINE.COM, NATWELL, INC., a New York Corporation, and DOES 1-10 Defendants.

Elizabeth D. Laporte

Ray K. Shahani, Esq. SBN 160,814

Attorney at Law

Twin Oaks Office Plaza

477 Ninth Avenue, Suite 112

San Mateo, California 94402-1854

Telephone: (650) 348-1444

Facsimile: (650) 348-8655

E-mail: RKS@,attycubed.com

The Honorable Elizabeth D. Laporte NOTICE OF DISMISSAL AS TO DEFENDANT NATWELL, INC. WITH PREJUDICE and [PROPOQED] ORDER

IT IS HEREBY REQUESTED by Plaintiff to this action NATURAL WELLNESS CENTERS OF AMERICA, INC., a California corporation, through its counsel of record, that 1 above-captioned action be and hereby is dismissed with prejudice as to defendant NATWELL, INC. only, pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure. Each part) waive its rights to appeal and to bear its own costs and attorney's fees.

Plaintiff's Counsel __________

Ray K. Shahani, Esq.

IT IS HEREBY ORDERED THAT the above-captioned action be and hereby is dismissed as to defendant NATWELL, INC. with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. The parties will bear their own attorney's fees and costs of suit.

IT IS SO ORDERED.

United States Magistrate Judge

Hon. Elizabeth D. Laporte

PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN MATEO

I am employed in the county of San Mateo, State of California. I am over the age of 18 and not a party to the within action; my business address is Twin Oaks Office Plaza, 477 Ninth Avenue, Suite 112, San Mateo, CA 94402-1854.

On January 18, 2012, I served the foregoing document described as :

1. NOTICE OF DISMISSAL AS TO DEFENDANT NATWELL, INC. WITH PREJUDICE and [PROPOSED] ORDER

on parties on the mailing list. _____ by placing the true cop(ies) thereof enclosed in sealed envelopes addressed as stated on the attached mailing list. _____ BY MAIL

I deposited such envelope in the mail in San Mateo, California. The envelope was mailed with postage thereon fully prepaid.
X BY ELECTRONIC MAIL

I caused each document to be sent by Electronic Mail to the email address(es) indicated in the mailing list.

I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at SAN MATEO, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

Mailing List:

+----------------------------------------------------------------------+ ¦Attorney(s) for J.R. Andorin Inc.:¦Attorney(s) for Natwell, Inc.: ¦ +----------------------------------+-----------------------------------¦ ¦Richard E. Morton ¦Matthew Alexander Stratton ¦ +----------------------------------+-----------------------------------¦ ¦Haight Brown & Bonesteel LLP ¦Email: mstratton(Sharvevsiskind.com¦ +----------------------------------+-----------------------------------¦ ¦5 Hutton Centre Drive, Suite 900 ¦ ¦ +----------------------------------+-----------------------------------¦ ¦Santa Ana, CA 92707 ¦ ¦ +----------------------------------+-----------------------------------¦ ¦Email: rmorton@,hbb]aw.com ¦ ¦ +----------------------------------------------------------------------+

I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

Executed on January 18, 2012, at San Mateo, California.

__________

LEO K. LAI