MDY Industries, LLC v. Blizzard Entertainment, Inc., et al

Filing 61

Filed (ECF) Appellants Michael Donnelly and MDY Industries, LLC in 09-15932, Appellees Michael Donnelly and MDY Industries, LLC in 09-16044 Unopposed Motion for miscellaneous relief [Unopposed Motion to Withdraw Appellants' Petition for En Banc Rehearing]. Date of service: 04/18/2011. [7720770] [09-15932, 09-16044] (LV)

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Appeals No. 09-15932 and 09-16044 In the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MDY INDUSTRIES LLC AND MICHAEL DONNELLY, Plaintiffs-Appellants, v. BLIZZARD ENTERTAINMENT, INC. AND VIVENDI GAMES, INC., Defendants-Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT, DISTRICT OF ARIZONA CASE NO. 06 CIV. 2555 JUDGE DAVID G. CAMPBELL UNOPPOSED MOTION TO WITHDRAW APPELLANTS’ PETITION FOR EN BANC REHEARING Lance C. Venable Joseph R. Meaney Venable, Campillo, Logan & Meaney, P.C. 1938 East Osborn Rd. Phoenix, Arizona 85016 (602) 631-9100 Attorneys for Plaintiff-Appellant On March 3, 2011, Appellants MDY Industries and Michael Donnelly (collectively “MDY”) filed a Petition for En Banc Rehearing with this Court. MDY hereby requests that its Petition be withdrawn from consideration. Because the Court issued its mandate in this case on February 28, no further action is needed. Counsel for MDY has received permission from Blizzard Entertainment’s counsel to notify the Court that this motion will not be opposed. Respectfully submitted this 18th day of April 2011, s/Lance C. Venable/ / Lance C. Venable, Esq. Joseph R. Meaney, Esq. Venable, Campillo, Logan & Meaney, P.C. 1938 East Osborn Rd. Phoenix, Arizona 85016 (602) 631-9100 – Tel Email: Attorneys for Appellants -1- CERTIFICATE OF SERVICE I certify that on April 18, 2011, I electronically transmitted the attached document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to all registrants of the CM/ECF system for this case. I certify that on _______________________, I served the attached document by ELECTRONIC MAIL on the following, who are not registered participants of the CM/ECF System: Name Physical or Email Address s/ Lance C. Venable -2-

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