Feser v. AU Optronics Corp. et al

Filing 12

ORDER DISMISSING CASE without prejudice all claims against defendants in the MDL proceeding and the underlying matter of this case. (ts, COURT STAFF) (Filed on 3/5/2009)

Case 3:07-cv-04074-SI

Document 9

Filed 02/26/2009

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Francis O. Scarpulla (41059) Craig C. Corbitt (83251) Judith A. Zahid (215418) Patrick B. Clayton (240191) Qianwei Fu (242669) ZELLE HOFMANN VOELBEL & MASON LLP 44 Montgomery Street, Suite 3400 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] Interim Co-Lead Counsel for IndirectPurchaser Plaintiffs and Class Members [Other Counsel Listed on Signature Page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION This Document Relates to: Gail Feser v. AU Optronics Corp., et al., Case No. 3:07-cv-4074-SI ) ) ) ) ) ) ) ) ) Master File No. C-07-1827 SI MDL No. 1827 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE BY PLAINTIFF GAIL FESER

PLEASE TAKE NOTICE that Plaintiff Gail Feser, on behalf of herself, by and through the undersigned counsel, hereby voluntarily dismisses her claims against Defendants pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. In support of this Notice of Voluntary Dismissal, Plaintiff provides that: WHEREAS on March 2, 2007, Plaintiff filed a Complaint in the United States District Court for the District of Columbia styled Gail Feser v. AU Optronics Corp., et al., No. 1:07-cv00424-JDB; WHEREAS on May 11, 2007, that case was transferred by the Judicial Panel on Multidistrict Litigation to the Northern District of California for pretrial discovery; 1
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE BY PLAINTIFF GAIL FESER

Case 3:07-cv-04074-SI

Document 9

Filed 02/26/2009

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WHEREAS on December 5, 2008, a Second Consolidated Amended Complaint was filed in the Northern District of California that did not include the claims of Plaintiff Feser; WHEREAS Defendants have not served either an Answer to the Amended Complaint or a motion for summary judgment; Plaintiff Gail Feser, in consideration of the foregoing, hereby voluntarily dismisses without prejudice all claims against Defendants in the MDL proceeding and the underlying matter of Gail Feser v. AU Optronics Corp., et al., Case No. 3:07-cv-4074-SI. Dated: February 26, 2009 By: /s/ Qianwei Fu Francis O. Scarpulla (41059) Craig C. Corbitt (83251) Judith A. Zahid (215418) Patrick B. Clayton (240191) Qianwei Fu (242669) ZELLE HOFMANN VOELBEL & MASON LLP 44 Montgomery Street, Suite 3400 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] Interim Co-Lead Counsel for Indirect-Purchaser Plaintiffs and Class Members Jeffrey A. Bartos Soye Kim GUERRIERI, EDMOND, CLAYMAN & BARTOS, PC 1625 Massachusetts Avenue, NW, Suite 700 Washington, DC 20036 Telephone: [phone] Facsimile: [phone] David Boies, III Timothy D. Battin Ian Otto Nathan M. Cihlar STRAUS & BOIES, LLP 4041 University Drive, Fifth Floor Fairfax, VA 22030 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiff Gail Feser

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NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE BY PLAINTIFF GAIL FESER

Case 3:07-cv-04074-SI

Document 9

Filed 02/26/2009

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#3215453v1

CERTIFICATE OF SERVICE IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION Master File No. C07-1827 SI MDL No. 1827 I, Marie J. Babione, certify and declare under penalty of perjury that I: am a citizen of the United States; am over the age of 18 years; am employed by Zelle Hofmann Voelbel & Mason LLP, at the address indicated, whose members are members of the State Bar of California and at least one of whose members is a member of the Bar of each Federal District Court within California; am not a party to or interested in the cause entitled upon the document to which this Proof of Service is affixed; and that I served a true and correct copy of the following document(s) in the manner indicated below: 1. NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE BY PLAINTIFF GAIL FESER by today depositing, at San Francisco, California, the said document(s) in the United States mail in a sealed envelope, with first-class postage thereon fully prepaid; (and/or) by facsimile transmission to the parties listed below; by overnight mail to the parties listed below; by today personally delivering the said document(s) to the person(s) indicated below in a manner provided by law, by handing them the documents or by leaving the said document(s) at the office(s) or usual place(s) of business, during usual business hours, of the said person(s) with a clerk or other person who was apparently in charge thereof and at least 18 years of age, whom I informed of the contents. (BY ELECTRONIC MAIL) I caused such document(s) to be emailed to the offices and/or to attorneys of offices of the below named addressee(s). By USDC Live System-Document Filing System: on all interested parties registered for e-filing. Dated: February 26, 2009 Signed /s/ Marie J. Babione Marie J. Babione

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NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE BY PLAINTIFF GAIL FESER