The opinion of the court was delivered by: Judge: Hon. Jeremy Fogel
Action Filed: March 31, 2008
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)
PLEASE TAKE NOTE that Chandra Sanders, Keith Yonai, and the Bonnier Corporation ("Plaintiffs"), through their counsel of record, hereby voluntarily dismiss their individual claims, with prejudice, pursuant to Fed. R. Civ. Pro.
WHEREAS, this action for unjust enrichment, fraudulent concealment, breach of express warranty, and violation of California Business and Professions Code sections 17200 et seq. was filed on March 31, 2008;
WHEREAS, a First Amended Class Action Complaint was filed on August 7, 2008;
WHEREAS, on January 21, 2009, the Court granted defendant Apple, Inc.'s Motion to Dismiss, granting leave to amend;
WHEREAS, Plaintiffs have elected not to file an amended complaint;
WHEREAS, no defendant has answered and no defendant has filed a motion for summary judgment;
WHEREAS, Plaintiffs and their counsel have decided to voluntarily dismiss the individual claims of Plaintiffs with prejudice;
WHEREAS, under Federal rule of Civil Procedure 41(a)(1), Plaintiffs are entitled to dismiss this action on their own initiative:
Subject to the provisions of Rule 23(e), of Rule 66, and any statute of the United States, an action may be dismissed by the plaintiff without order of the court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment.
WHEREAS, this case involves putative class claims;
WHEREAS, the putative class has not been certified and Plaintiffs have not filed a motion for class certification;
WHEREAS, Federal Rules of Civil Procedure, rule 23(e)(1)(A) is inapplicable to the instant dismissal as Rule 12(e) was amended in 2003 to resolve the ambiguity in the former Rule 23(e)'s reference to dismissal of "a class ...