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DIRECTV, INC. v. ARNOLD

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


November 2, 2005.

DIRECTV, INC., a California corporation, Plaintiff,
v.
ERIC ARNOLD, Defendant.

The opinion of the court was delivered by: ELIZABETH LAPORTE, Magistrate Judge

REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANT ERIC ARNOLD; [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 without prejudice as to Defendant Eric Arnold ("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 May 24, 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 without prejudice.

  ORDER

  Having read the foregoing Request for Voluntary Dismissal of Defendant Eric Arnold 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 without prejudice as against Defendant Eric Arnold;

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

20051102

© 1992-2005 VersusLaw Inc.



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