United States District Court, N.D. California, San Jose Division
October 6, 2005.
DIRECTV, INC., a California corporation, Plaintiff,
HENRY CHAU, Defendant.
The opinion of the court was delivered by: RONALD WHYTE, District Judge
REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANT HENRY CHAU; ORDER
Pursuant to Fed.R.Civ.P. 41(a)(2), Plaintiff DIRECTV, Inc.
("DIRECTV") hereby respectfully requests that the Court enter an
Order dismissing the above-captioned action with prejudice as to
Defendant Henry Chau ("Defendant"). This request is made on the
grounds that Defendant and DIRECTV have entered into an agreement
settling this matter. Pursuant to the terms of that agreement,
DIRECTV agreed to voluntarily dismiss this action against
Defendant with prejudice, each party to bear its/his own
attorneys' fees and costs incurred in this action to date.
Defendant answered the Complaint on or about December 7, 2004.
DIRECTV, therefore, cannot unilaterally voluntarily dismiss this
action against Defendant absent a Court order. Fed.R.Civ.P.
41(a). Accordingly, DIRECTV respectfully requests the entry of
such an order dismissing Defendant with prejudice. ORDER
Having read the foregoing Request for Voluntary Dismissal of
Defendant Henry Chau, filed by Plaintiff DIRECTV, Inc., and such
other pleadings and papers deemed appropriate by the Court, and
GOOD CAUSE appearing therefore, the Court ORDERS as follows:
1. This action is hereby dismissed with prejudice as against
Defendant Henry Chau only;
2. Each party shall bear its/his own attorneys' fees and costs
incurred in this action to date; and
3. As Defendant Henry Chau is the last remaining active
Defendant in this action, this entire action as to all remaining
claims is hereby terminated in full.
© 1992-2005 VersusLaw Inc.