United States District Court, N.D. California, San Francisco Division
November 2, 2005.
DIRECTV, INC., a California corporation, Plaintiff,
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.
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.
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