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In re Toyota Motor Corp. Unintended Acceleration Marketing

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA - SOUTHERN DIVISION


June 29, 2010

IN RE: TOYOTA MOTOR CORP. UNINTENDED ACCELERATION MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO: CASE NO: SACV 10-00597 JVS (FMOX)
ROY NELSON, PLAINTIFF,
v.
TOYOTA MOTOR NORTH AMERICA, INC., TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., AND TOYOTA MOTOR SALES, U.S.A., INC., DEFENDANTS.

The opinion of the court was delivered by: Honorable James V. Selna Judge of the United States District Court

ORDER FOR DISMISSAL WITHOUT PREJUDICE

[FILED CONCURRENTLY WITH STIPULATION OF DISMISSAL WITHOUT PREJUDICE]

ORDER OF DISMISSAL

Plaintiff Roy Nelson and Defendants Toyota Motor North America, Inc., Toyota Motor Engineering & Manufacturing North America, Inc., and Toyota Motor Sales, U.S.A., Inc., having jointly stipulated to the dismissal of the claims in this proceeding, and the Court being duly advised thereof, it is hereby:

ORDERED AND ADJUDGED that all claims asserted in this action by Plaintiff in the above-entitled cause shall be dismissed without prejudice, each party to bear their respective costs of litigation, attorneys' fees and expenses.

SO ORDERED THIS 29th day of June, 2010.

Respectfully submitted.

DATED: June 23, 2010

LISA GILFORD JOHN D. ARYA CARI K. DAWSON DARREN L. McCARTY KARA KENNEDY ALSTON & BIRD LLP VINCENT GALVIN, JR. BOWMAN AND BROOKE LLP TRACY M. JENKS RODEY, DICKASON, SLOAN, AKIN & ROBB Lisa Gilford Attorneys for Defendants TOYOTA MOTOR NORTH AMERICA, INC., TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., AND TOYOTA MOTOR SALES, U.S.A., INC.

PROOF OF SERVICE

I, Cynthia A. Chapman, declare:

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Alston & Bird LLP, 333 South Hope Street, Sixteenth Floor, Los Angeles, CA 90071. I am over the age of eighteen years and not a party to the action in which this service is made.

On June 23, 2010, I served the document(s) described as [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE on the interested parties in this action by enclosing the document(s) in a sealed envelope addressed as follows: See Attached Service List

: BY MAIL: I am "readily familiar" with this firm's practice for the collection and the processing of correspondence for mailing with the United States Postal Service. In the ordinary course of business, the correspondence would be deposited with the United States Postal Service at 333 South Hope Street, Los Angeles, California 90071 with postage thereon fully prepaid the same day on which the correspondence was placed for collection and mailing at the firm. Following ordinary business practices, I placed for collection and mailing with the United States Postal Service such envelope at Alston & Bird LLP, 333 South Hope Street, Los Angeles, California 90071.

. BY FEDERAL EXPRESS . UPS NEXT DAY AIR . OVERNIGHT

DELIVERY: I deposited such envelope in a facility regularly maintained by . FEDERAL EXPRESS . UPS . Overnight Delivery [specify name of service: ] with delivery fees fully provided for or delivered the envelope to a courier or driver of . FEDERAL EXPRESS . UPS . OVERNIGHT DELIVERY [specify name of service:] authorized to receive documents at Alston & Bird LLP, 333 South Hope Street, Los Angeles, California 90071 with delivery fees fully provided for. . BY FACSIMILE: I telecopied a copy of said document(s) to the following addressee(s) at the following number(s) in accordance with the written confirmation of counsel in this action. . BY ELECTRONIC MAIL TRANSMISSION WITH ATTACHMENT: On this date, I transmitted the above-mentioned document by electronic mail transmission with attachment to the parties at the electronic mail transmission address set forth on the attached service list. . [State] I declare under penalty of perjury under the laws of the State of California that the above is true and correct. : [Federal] I declare under penalty of perjury that the foregoing is true and correct.

Executed on June 23, 2010 , at Los Angeles, California.

Cynthia A. Chapman

SERVICE LIST

Tracy M Jenks Rodey, Dickason, Sloan, Akin & Robb PO Box 1888 Albuquerque, NM 87103-1888

Kara Kennedy Alston & Bird, LLP 1201 West Peachtree Street Atlanta, GA 30309

Brian K Matise Burg Simpson

40 Inverness Drive East Englewood, CO 80112

Darren L McCarty Alston & Bird, LLP Chase Tower, Suite 3601 2200 Ross Avenue Dallas, TX 75201

20100629

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