Boy Racer, Inc v. Does 2-71

Filing 26

ORDER GRANTING 24 Notice of Voluntary Dismissal filed by Boy Racer, Inc. Doe Defendant associated with the following Internet Protocol (IP) address: 98.255.135.206 is TERMINATED. Signed by Judge Edward J. Davila on 11/23/2011. (ecg, COURT STAFF) (Filed on 11/23/2011)

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D IS T IC T
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IN THE UNITED STATES DISTRICT COURT FOR THE

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J . D av i l

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Attorney for Plaintiff

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IS SO O
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UNIT
ED

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Brett L. Gibbs, Esq. (SBN 251000)
Prenda Law Inc.
38 Miller Avenue, #263
Mill Valley, CA 94941
415-325-5900
[e-mail]

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S DISTRICT
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11/23/2011

NORTHERN DISTRICT OF CALIFORNIA

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OF

SAN JOSE DIVISION

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BOY RACER, INC.,

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Plaintiff,
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v.
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DOES 2-72,
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Defendants.
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____________________________________)

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No. C-11-02833 EJD
NOTICE OF VOLUNTARY
DISMISSAL OF ACTION WITHOUT
PREJUDICE ONLY AS TO ONE
ANONYMOUS DOE DEFENDANT

NOTICE OF VOLUNTARY DISMISSAL OF ACTION WITHOUT PREJUDICE ONLY AS
TO ONE ANONYMOUS DOE DEFENDANT

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NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1),

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Plaintiff voluntary dismisses all claims without prejudice brought in this action against a single

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anonymous Doe Defendant associated with the following Internet Protocol (“IP”) address:

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98.255.135.206. As noted on Exhibit A to Plaintiff’s original Complaint (see 5:cv-11-01958, ECF

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No. 1), this IP address was issued by Comcast Cable Communications, and Doe Defendant was

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personally observed by Plaintiff’s agents using this IP address in the particular swarm identified in
this case unlawfully infringing Plaintiff’s copyrighted works in March of 2011.1 Further, from other
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This of course, is not the only times this Doe Defendant was in the swarm, but rather the only times personally
observed and his or her available information captured by Plaintiff’s agents’ proprietary technology.

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information gained through Plaintiff’s agents’ proprietary technology and general research, this Doe

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Defendant appears to have not only infringed upon Plaintiff’s copyrighted works in this case, but

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also used the same IP address to infringe upon other works produced by Plaintiff. Plaintiff hereby
chooses to dismisses Doe Defendant associated with IP addresses 98.255.135.206 without prejudice
to pursue that individual in a separate consolidated lawsuit.

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In accordance with Federal Rule of Civil Procedure 41(a)(1), the Doe Defendant has neither

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filed an answer to Plaintiff’s Complaint, nor a motion for summary judgment. Dismissal under

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Federal Rule of Civil Procedure 41(a)(1) is therefore appropriate.

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Plaintiff still maintains its claims against the other active anonymous Doe Defendant(s)
remaining in this action, and reserves the right to name such individuals and/or serve them when in

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possession of their identifying information in this case.
Respectfully Submitted,

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PRENDA LAW INC.,
DATED: November 20, 2011
By:

____/s/ Brett L. Gibbs, Esq._______

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Brett L. Gibbs, Esq. (SBN 251000)
Prenda Law Inc.
38 Miller Avenue, #263
Mill Valley, CA 94941
[e-mail]
Attorney for Plaintiff

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NOTICE OF VOLUNTARY DISMISSAL OF ONE DOE DEFENDANT WITHOUT PREJUDICE

No. C-11-02833 EJD

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on November 20, 2011, all individuals of record who are
deemed to have consented to electronic service are being served a true and correct copy of the
foregoing document, and all attachments and related documents, using the Court’s ECF system, in
compliance with Local Rule 5-6 and General Order 45.

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/s/_Brett L. Gibbs______
Brett L. Gibbs, Esq.

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NOTICE OF VOLUNTARY DISMISSAL OF ONE DOE DEFENDANT WITHOUT PREJUDICE

No. C-11-02833 EJD