GOOGLE, INC. et al v. USA

Filing 113

MOTION to Voluntarily Dismiss pursuant to Rule 41(a), filed by GOOGLE, INC., ONIX NETWORKING CORPORATION.Response due by 10/11/2011.(Nucci, Katherine)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
Bid Protest
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GOOGLE, INC.,

and
ONIX NETWORKING CORPORATION,

Plaintiffs,
v.

THE UNITED STATES,

Defendant,
and

SOFTCHOICE CORPORATION,

Defendant-Intervenor.

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No. 10-743 C

(Judge Braden)

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MOTION TO DISMISS WITHOUT PREJUDICE
Based on the defendant's agreement to update its market research, a process that may
include the issuance of a Request for Information, and then conduct a procurement subject to the
availability of appropriated funds and in accordance with the Federal Acquisition Regulation in a

manner that will not preclude plaintiffs from fairly competing, plaintiffs respectfully move for
dismissal of this action without prejudice. Accordingly, pursuant to Rule 41(a)(2) of the Court's
Rules, plaintiffs respectfully request that the Court issue an order granting this motion to dismiss

plaintiffs' action without prejudice.

5410642.1

Respectfully submitted,

_/s/ Timothy Sullivan
Timothy Sullivan
1909 K Street, N.W., 6th Floor
Washington, DC 20006
[phone] (tel.)
[phone] (fax)
Attorney of Record for Plaintiffs Google,
Inc. and Onix Networking Corporation

Of Counsel:
Katherine S. Nucci
Scott R Lane
Kathleen E. Kraft
Thompson Coburn LLP
Dated: September 22, 2011

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CERTIFICATE OF SERVICE
I hereby certify that on this

22'' day of September, 2011, a copy of the foregoing

"Motion to Dismiss Without Prejudice" was filed electronically.

I

understand that notice of this

filing will be sent to all parties by operation of the Court's electronic filing system. Parties may

access this filing through the Court's system.

s/ Timothy Sullivan

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