United States District Court, N.D. California, San Francisco Division
October 6, 2005.
DIRECTV, INC., a California corporation, Plaintiff,
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
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.
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.
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