United States District Court, N.D. California
October 11, 2005.
In re: TEXTAINER PARTNERSHIP SECURITIES LITIGATION. This Document Relates To: No. C 05-1146 MMC (Gordon).
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; ORDER DISMISSING
PLEASE TAKE NOTICE that, pursuant to Rule 41(a) of the Federal
Rules of Civil Procedure, plaintiff, Alan P. Gordon, hereby
dismisses this action (No. 05-1146) without prejudice. Pursuant
to Rule 23(e) of the Federal Rules of Civil Procedure, Court
approval of this dismissal is not required, as this is not a
voluntary dismissal of the claims of a certified class. See
Fed.R.Civ.P. 23(e)(1)(A); see also Fed.R.Civ.P. advisory
committee's note (2003) ("The new rule requires approval only if
the claims, issues or defenses of a certified class are resolved
by a settlement, voluntary dismissal, or compromise.").
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