UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
November 20, 2012
MALIBU MEDIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PLAINTIFF,
DAVID HICKS, AN INDIVIDUAL, DEFENDANTS.
The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE
Plaintiff Malibu Media, LLC filed a Complaint against Defendant David Hicks on September 11, 2012 (Doc. No. 1). On that same day, Plaintiff was notified to file the required Report on the Filing or Determination of an Action Regarding a Patent or Trademark (form AO-120) and/or Report on the Filing or Determination of an Action or Appeal Regarding a Copyright (form AO-121), by September 21, 2012. Plaintiff had not, and still has not, submitted either AO-120 or AO-121.
On November 8, 2012, the Court issued an order to show cause in writing, no later than November 19, 2012, as to why the action should not be dismissed for failure to prosecute.
Plaintiff did not file a response to the Court's order. Instead, on November 19, 2012, Plaintiff filed a notice voluntarily dismissing Defendant David Hicks, pursuant to FRCP 41 (Doc. No. 10). A Plaintiff "may dismiss an action without a court order by filing  a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A). Defendant has neither answered Plaintiff's Complaint nor filed a motion for summary judgment.
Accordingly, the Court DISMISSES without prejudice the Complaint.
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