IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
September 23, 2011
BOY RACER, INC., PLAINTIFF,
The opinion of the court was delivered by: Richard Seeborg United States District Court Judge
*E-Filed 9/23/11* Brett L. Gibbs, Esq. (SBN 251000) Steele Hansmeier PLLC. 2 38 Miller Avenue, #263 Mill Valley, CA 94941 3 415-325-5900 firstname.lastname@example.org 4 Attorney for Plaintiff5 6
NOTICE OF VOLUNTARY DISMISSAL OF ACTION WITHOUT PREJUDICE AS TO TWO ANONYMOUS DOE DEFENDANTS;
NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff voluntary dismisses all claims brought in this action against the two (2) anonymous Doe Defendants associated with the two motions pending in this case: Motion to Quash or Modify 23 Subpoena (ECF No. 10) and Motion to Quash or Modify Subpoena (ECF No. 12). To preserve 24 privacy for these individuals, Plaintiff does not address these Doe Defendants by name, or by their 25 Internet Protocol ("IP") addresses, and merely identifies them by the motions they filed in this case. 26
This is sufficient to notify the Internet Service Providers ("ISPs") who have been properly notified 27 28 by each subscriber of their pending motions.
In accordance with Federal Rule of Civil Procedure 41(a)(1), the respective Doe Defendants 2 have neither filed answers to Plaintiff's Complaint, nor a motion for summary judgment. Dismissal 3 under Federal Rule of Civil Procedure 41(a)(1) is therefore appropriate. Inclusive of this dismissal, 4 Doe Defendants have hereby been dismissed from this action without prejudice, and their Motions to 5 Quash or Modify Subpoena (ECF Nos. 10, 12) should hereby be denied as moot as their associated 6 7 IP addresses are no longer part of this suit.
Plaintiff still maintains claims against the other anonymous Doe Defendants remaining in this 9 action, and reserves the right to name such individuals and/or serve them when in possession of their 10 identifying information in this case. 11
STEELE HANSMEIER PLLC,
DATED: September 23, 2011
By: Brett L. Gibbs, Esq Brett L. Gibbs, Esq. (SBN 251000) Steele Hansmeier PLLC. 38 Miller Avenue, #263
Mill Valley, CA 94941
email@example.com Attorney for Plaintiff
In light of the above, Doe Defendants associated with Motions to Quash or Modify Subpoena (ECF Nos. 10, 12) are hereby DISMISSED from this case without prejudice, and, therefore are no 5 longer part of this suit. Additionally, Motions to Quash or Modify Subpoena (ECF Nos. 10, 12) are 6 DENIED as the issues raised therein are now MOOT. 7
Further, it is ORDERED that Plaintiff serve copies of this Order onto the relevant ISPs.
IT IS SO ORDERED.
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