United States District Court, N.D. California, San Jose Division
October 19, 2005.
DIRECTV, INC., a California corporation, Plaintiff,
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.
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
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.
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