United States District Court, N.D. California, San Jose Division
October 10, 2005.
DIRECTV, INC., a California corporation, Plaintiff,
MARK COLMER, Defendant.
The opinion of the court was delivered by: RICHARD SEEBORG, Magistrate Judge
REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANT MARK COLMER; 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 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.
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.
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