United States District Court, N.D. California, San Jose Division
October 21, 2005.
DIRECTV, INC., a California corporation, Plaintiff,
EDWARD CENTENO, Defendant.
The opinion of the court was delivered by: PATRICIA TRUMBULL, Magistrate Judge
REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANT EDWARD CENTENO;
[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 EDWARD CENTENO ("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 7, 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 EDWARD CENTENO 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 EDWARD CENTENO; and
2. Each party shall bear its/his own attorneys' fees and costs
incurred in this action to date.
© 1992-2005 VersusLaw Inc.