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State v. Infineon Technologies AG

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 6, 2007

THE STATE OF CALIFORNIA, ET AL., PLAINTIFFS,
v.
INFINEON TECHNOLOGIES AG, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David A. Rienzo District

AND ORDER

Plaintiff State of New Hampshire's Notice of Voluntary Dismissal NOW COMES the State of New Hampshire ("State"), by and through its attorney, Kelly A. Ayotte, Attorney General, and pursuant to Fed. R. Civ. P. Rule 41(A), and hereby dismisses without prejudice the claims asserted by the State against Infineon Technologies AG, Infineon Technologies North America Corp., Hynix Semiconductor, Inc., Hynix Semiconductor America, Inc., Micron Technology, Inc., Micron Semiconductor Products, Inc., Mosel Vitelid, Inc., Mosel Vitelic Corp., Nanya Technology Corporation, Nanya Technology Corporation USA, Inc., Elpida Memory, Inc., Elpida Memory (USA) Inc., and NEC Electronics America, Inc., in the above-captioned matter.

Pursuant to Fed. R. Civ. P. 41(A)(1) "an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of Plaintiff New Hampshire's Notice of Voluntary Dismissal an answer or a motion for summary judgment." Civil Rule 41(A) also provides that "the dismissal is without prejudice." Here, the defendants have not served the State with an answer or a motion for summary judgment.

Furthermore, pursuant to Fed. R. Civ. P 23(E), court approval and notice of voluntary dismissal are required only of a "certified class." Here a class has not been certified.

IT IS ORDERED

20070706

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