According to the docket, on December 20, 1999, the plaintiff and the defendants filed a joint motion to dismiss the action with prejudice. On December 30, 1999, the Court entered the Order and Judgment granting the joint motion and dismissing the case with prejudice. The case is closed.

In the complaint, the class action is brought on behalf of the former limited partners of USAA Income Properties III Limited Partnership (the "Partnership"), who were promised, at the time of the Partnership's merger into American Industrial Properties REIT (the "REIT"), a cash distribution of approximately $5.4 million of Partnership capital reserves and were deprived of that distribution by defendants' wrongful conduct as set forth herein.