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DIRECTV, INC. v. COLMER

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


October 10, 2005.

DIRECTV, INC., a California corporation, Plaintiff,
v.
MARK COLMER, Defendant.

The opinion of the court was delivered by: RICHARD SEEBORG, Magistrate Judge

REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANT MARK COLMER; 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 MARK COLMER (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. Defendant answered the Complaint on or about February 17, 2005. 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 Mark Colmer 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 Mark Colmer;

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

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

20051010

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