Opinion
Case No. CV-05-0005 PVT.
October 21, 2005
Alan J. Kessel (Cal. Bar No.: 130707) Suzanne M. Burke (Cal. Bar No.: 188597) Brandon Q. Tran (Cal. Bar No.: 223435) BUCHALTER NEMER A Professional Corporation Irvine, California, Attorneys for Plaintiff DIRECTV, INC.
REQUEST FOR VOLUNTARY DISMISSAL OF DEFENDANT EDWARD CENTENO; [PROPOSED] ORDER THEREON
Pursuant to Fed.R.Civ.P. 41(a)(2), Plaintiff DIRECTV, Inc. ("DIRECTV") hereby respectfully requests that the Court enter an Order dismissing the above-captioned action with prejudice as to Defendant EDWARD CENTENO ("Defendant"). This request is made on the grounds that Defendant and DIRECTV have entered into an agreement settling this matter. Pursuant to the terms of that agreement, DIRECTV agreed to voluntarily dismiss this action against Defendant, each party to bear its/his own attorneys fees and costs incurred in this action to date.
Defendant answered the Complaint on or about February 7, 2005. DIRECTV, therefore, cannot unilaterally voluntarily dismiss this action against Defendant absent a Court order. Fed.R.Civ.P. 41(a). Accordingly, DIRECTV respectfully requests the entry of such an order dismissing Defendant with prejudice.
ORDER
Having read the foregoing Request for Voluntary Dismissal of Defendant EDWARD CENTENO filed by Plaintiff DIRECTV, Inc., and such other pleadings and papers deemed appropriate by the Court, and GOOD CAUSE appearing therefore, the Court ORDERS as follows:
1. This action is hereby dismissed with prejudice as against Defendant EDWARD CENTENO; and
2. Each party shall bear its/his own attorneys' fees and costs incurred in this action to date.