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DIRECTV INC. v. POLISKY

United States District Court, N.D. California, San Francisco Division


October 6, 2005.

DIRECTV, INC., a California corporation, Plaintiff,
v.
MICHAEL POLISKY, et al., Defendants.

The opinion of the court was delivered by: MARTIN JENKINS, District Judge

REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANT KELWYN PENDER; ORDER THEREON
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 Kelwyn Pender ("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, each party to bear its/his own attorneys fees and costs incurred in this action to date.

  Although on July 5, 2005 this Court conditionally dismissed without prejudice DIRECTV's claims against Defendant, DIRECTV is obligated under the terms of the settlement agreement to take all reasonable steps to obtain a dismissal of this action with prejudice against Defendant, each party to bear its/his own costs and attorneys fees. DIRECTV files this Request in fulfillment of that obligation. Defendant answered the Complaint on or about September 13, 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.

  Defendant Kelwyn Pender is the last remaining active Defendant in this action. This entire action as to all remaining claims is therefore terminated in full.

  ORDER

  Having read the foregoing Request for Voluntary Dismissal of Defendant Kelwyn Pender 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 Kelwyn Pender;

  2. Each party shall bear its/his own attorneys fees and costs incurred in this action to date; and

  3. As Defendant Kelwyn Pender is the last remaining active Defendant in this action, this entire action as to all remaining claims is hereby terminated in full.

20051006

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