Motorola Mobility, Inc. v. Apple, Inc.

Filing 24

NOTICE of Voluntary Dismissal by Motorola Mobility, Inc. WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) (Bauer, Jennifer)

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MOTOROLA MOBILITY, INC., Plaintiff, v. APPLE INC., Defendant. ) ) ) ) ) ) ) ) )

Case No. 1:10-cv-6385 JURY TRIAL DEMANDED

MOTOROLA MOBILITY, INC.'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) Plaintiff Motorola Mobility, Inc. ("Motorola Mobility") hereby dismisses this action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i): 1. Motorola Mobility filed its Complaint in the above-titled action against Apple Inc.

("Apple") on October 6, 2010. 2. 3. Apple has not served an answer or a motion for summary judgment in this action. Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides that a plaintiff may

dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. 4. Federal Rule of Civil Procedure 41(a)(1)(B) provides that such a dismissal is

without prejudice. 5. Accordingly, Motorola Mobility hereby dismisses this action without prejudice

pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).

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Dated: November 9, 2010

Respectfully submitted, MOTOROLA MOBILITY, INC.

By:

____/s/ Jennifer Bauer __________________ David A. Nelson (6209623) Jennifer A. Bauer (6289020) QUINN EMANUEL URQUHART & SULLIVAN, LLP 500 West Madison St., Ste. 2450 Chicago, IL 60661 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff Motorola Mobility, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on November 9, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF which documents said Clerk will send by electronic mail to any counsel who may have appeared for Defendant. /s/ Jennifer A. Bauer Jennifer A. Bauer

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