STELOR PRODUCTIONS, INC. v. OOGLES N GOOGLES et al

Filing 68

NOTICE of Withdrawal of 34 Motion to Dismiss (see 56 Order also), filed by Defendants XYZ CORPORATIONS, OOGLES N GOOGLES, KEVIN MENDELL, DANYA MENDELL (Vaughan, Stephen) Modified on 9/18/2007 (LSC).

STELOR PRODUCTIONS, INC. v. OOGLES N GOOGLES et al

Doc. 68

Case 1:05-cv-00354-DFH-TAB

Document 68

Filed 09/17/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION STELOR PRODUCTIONS, INC., a Delaware corporation, Plaintiff, v. OOGLES N GOOGLES, an Indiana corporation; KEVIN MENDELL; DANYA MENDELL; MICHELLE COTE; ROB LENDERMAN; STACEY LENDERMAN; BRENDA MURTY; MARGIE THOMAS; ROB SLYTER; ELIZABETH SLYTER; CORINNA SPARKS; CHRISTINE WATERBURY; LEIGH SUNDLING; and TINA CARTAYA Defendants. ) ) ) ) ) Case Number: 1:05-CV-0354-DFH-TAB ) ) ) ) ) ) ) ) ) ) ) ) )

NOTICE OF WITHDRAWAL OF MOTION TO DISMISS Defendants, by counsel, for their Notice of Withdrawal of Motion to Dismiss, state as follows: 1. On or about September 8, 2005, Defendants filed a Motion to Dismiss (Doc. 34) on grounds that Plaintiff's license for the rights to the trademarks at issue in this case had been terminated. (See, Doc. 39 - Brief in Support of Motion to Dismiss). 2. Plaintiff's counsel, Mr. Kevin Kaplan, has represented to the undersigned that Plaintiff now owns the trademarks at issue and has provided the undersigned with documents indicating that Plaintiff now has rights to those trademarks. 3. In reliance on counsel's representation and the documentation provided, Defendants, by counsel, agree to withdraw the Motion to Dismiss, without prejudice.

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Case 1:05-cv-00354-DFH-TAB

Document 68

Filed 09/17/2007

Page 2 of 3

Wherefore, Defendants, by counsel, hereby notify the Court and parties that Defendants' Motion to Dismiss Plaintiff's Amended Complaint is hereby withdrawn, without prejudice. Respectfully submitted by:

/s/ Stephen L. Vaughan Stephen L. Vaughan, #2294-49 INDIANO VAUGHAN LLP One N. Pennsylvania Street, Suite 1300 Indianapolis, IN 46204 Telephone: [phone] Fax:[phone] E-mail: [e-mail]

Case 1:05-cv-00354-DFH-TAB

Document 68

Filed 09/17/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on September 17, 2007 a copy of the foregoing Appearance was filed electronically. Notice of this filing will be sent to all counsel of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/ Stephen L. Vaughan Stephen L. Vaughan, #2294-49 INDIANO VAUGHAN LLP One N. Pennsylvania Street, Suite 1300 Indianapolis, IN 46204 Telephone:[phone] Fax: [phone] E-mail: [e-mail]