Netquote Inc. v. Byrd

Filing 196

Netquote Inc. v. Byrd

Doc. 196

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00630-DME-MEH NETQUOTE INC, a Colorado corporation, Plaintiff, v. BRANDON BYRD, an internet user making use of the IP Addresses 64.136.27.226 and 64.136.26.227, and MOSTCHOICE.COM, Inc., a Georgia corporation Defendants. ______________________________________________________________________________ MOSTCHOICE.COM, INC.'S WITHDRAWAL OF ITS MOTION FOR RELIEF UNDER FRCP § 56(f) ______________________________________________________________________________ COMES NOW, Mostchoice.com, Inc. and herein files this Withdrawal of its Motion for Relief under FRCP §56(f) and shows this Court the following: 1. Mostchoice filed a Motion for Relief under FRCP §56(f) as part of its Response to Plaintiff's Motion for Summary Judgment as to Defendant Mostchoice.com, Inc.'s counterclaim [Dkt. #171]. 2. Mostchoice served its subpoena upon America Online as contemplated by the Order entered on December 28, 2007. (Dkt. #163). 4. Mostchoice has recently received a reply to the Subpoena from America Online, which

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indicated that it had no data responsive thereto. 5. Because there will be no additional data or documents to obtain pursuant to said subpoena, Mostchoice no longer needs relief under FRCP § 56(f). 6. As a consequence, Mostchoice.com, Inc. hereby withdraws its Motion [Dkt. #171]. Dated this 31ST day of January, 2008. s/ Ryan Isenberg Ryan L. Isenberg, Esq. Isenberg & Hewitt, P.C. 7000 Peachtree Dunwoody Road Building 15, Suite 100 Atlanta, Georgia 30328 Telephone: [phone] Facsimile: 770-828-0100 (Fax) Email: [e-mail] CERTIFICATE OF SERVICE I hereby certify that on this 31st day of January, 2008, I served the foregoing Notice of Withdrawal of Motion for Relief under FRCP 56 by electronic delivery, as an attachment to an email, to the following counsel of record: David W. Stark Heather Carson Perkins Daniel D. Williams Theresa T. Tate FAEGRE & BENSON LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 [e-mail] s/ Ryan Isenberg