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Message: Re: Pacer TIC Dismissal
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Dec 10, 2009 06:12PM

Re: Pacer TIC Dismissal

posted on Dec 10, 2009 10:21PM

Uploaded Doc 09 on box.net. Well, this explains why no responses from the defendants yet. There are settlement talks in the air!

Pursuant to Rule 41(a)(1)(A)(i), Plaintiff e.Digital Corporation (“e.Digital”) dismisses without prejudice all of its claims against TIC Computer, Inc. in the above-referenced action. E.Digital and TIC Computer, Inc. have agreed that each party shall bear its own costs and attorneys’ fees.

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Rule 41. Dismissal of Actions

(a) Voluntary Dismissal.

(1) By the Plaintiff.

(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2 and 66 and
any applicable federal statute, the plaintiff may dismiss an action without
a court order by filing:

(i) a notice of dismissal before the opposing party serves either an answer
or a motion for summary judgment;

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