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Simon v. Adzilla

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


August 18, 2009

SUSAN SIMON, INDIVIDUAL, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
ADZILLA, INC. (NEW MEDIA), A DELAWARE CORPORATION; ET AL. DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Maxine M. Chesney

STIPULATION AND [PROPOSED] ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT CONTINENTAL VISINET BROADBAND, LLC

Date: August 28, 2009

Time: 9:00 a.m.

Courtroom: 7, 19 Floor

IT IS HEREBY STIPULATED by and between:

Plaintiff Susan Simon, individual, on behalf of herself and all others similarly situated ("Plaintiff"), and defendant Continental VisiNet Broadband, LLC ("Continental"), through their undersigned counsel, as follows:

1. Defendant Continental VisiNet Broadband, LLC shall be, and hereby is, voluntarily 6 dismissed without prejudice by Plaintiff.

2. This stipulation will allow the Court to vacate the August 28, 2009 hearing on Continental's Motion to Dismiss.

PURSUANT TO STIPULATION, IT IS SO ORDERED that defendant Continental VisiNet Broadband, LLC shall be, and hereby is, voluntarily dismissed without prejudice by Plaintiff and the hearing on Continental's Motion to Dismiss, currently scheduled for August 28, 2009, is hereby vacated.

HON. MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

20090818

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