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DIRECTV, INC. v. EDWARDS-KEMP

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


October 19, 2005.

DIRECTV, INC., a California corporation, Plaintiff,
v.
PATSY EDWARDS-KEMP, Defendant.

The opinion of the court was delivered by: HOWARD LLOYD, Magistrate Judge

REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANT PATSY EDWARDS-KEMP; [PROPOSED] 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 Patsy Edwards-Kemp ("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/her own attorneys' fees and costs incurred in this action to date.

  Although on August 4, 2005 this Court 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/her own costs and attorneys' fees. DIRECTV files this Request in fulfillment of that obligation. Defendant answered the Complaint on or about April 20, 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.

  ORDER

  Having read the foregoing Request for Voluntary Dismissal of Defendant Patsy Edwards-Kemp 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 Patsy Edwards-Kemp; and

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

20051019

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