Doe v. SexSearch.com et al

Filing 86

Notice of Dismissal Under FRCP 41(a)(1) of Defendant Moniker Online Services, Inc. filed by John Doe. (Boland, Dean)

Doe v. SexSearch.com et al

Doc. 86

Case 3:07-cv-00604-JZ

Document 86

Filed 04/07/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION John Doe, PLAINTIFF, vs. SexSearch.com, et al., DEFENDANTS. Plaintiff, John Doe, and Defendant, Moniker Online Services, Inc. (hereinafter referred to as "Moniker"), file this agreed dismissal of Moniker from this Matter pursuant to Federal Civil Rule 41(a)(1) with the following terms between Plaintiff and Moniker: 1. Moniker represents that it has made its best effort to provide Plaintiff, on an expedited basis, with the discovery as outlined in the Court's Order, Dkt. #64 via email. 2. 3. The dismissal of Moniker is without prejudice. Moniker agrees to accept service of any subpoenas for information or witnesses via overnight courier (Federal Express, DHL, or similar carrier) at the address of Moniker's Counsel whose address is reflected herein. 4. Moniker agrees to use good faith efforts to provide prompt responses to all future subpoenas and/or court orders for information. Moniker does not waive its right to assert any valid objection(s) to any such future subpoena. 5. Moniker agrees to cooperate in providing any necessary business records witnesses in Broward County, Florida to authenticate records produced pursuant to subpoena or Court Order. 1 Case No. 3:07-cv-604 Judge Jack Zouhary AGREED DISMISSAL OF MONIKER ONLINE SERVICES, INC.

Dockets.Justia.com

Case 3:07-cv-00604-JZ
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Document 86

Filed 04/07/2007

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Moniker and Plaintiff agree to take all reasonable steps to enable any Moniker business records witness to participate via video testimony from Broward County, Florida. In the event that video testimony is not available or allowed, Plaintiff shall arrange for the taking of the deposition of Moniker's business records witness in Broward County, Florida. Moniker shall not be required to produce its records custodian outside of Broward County, Florida.

/s/Joel Magolnick Florida Bar No. 770668 Joel Magolnick de la O, Marko, Magolnick & Leyton, P.A. 3001 S.W. 3rd Avenue Miami, FL 33129 Tel: [phone] Fax: [phone] Email: [e-mail]

/s/Dean Boland Dean Boland 0065693 18123 Sloane Avenue Lakewood, Ohio 44107 [e-mail] 216.529.9371 phone [phone] fax Attorney for John Doe /s/ Brandie Hawkins Brandie L. Hawkins 0078485 124 S. Metcalf Street Lima Ohio 45801 [e-mail] 419.225.5706 ph 419.225.6003 fax Attorney for John Doe

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Case 3:07-cv-00604-JZ

Document 86

Filed 04/07/2007

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CERTIFICATE OF SERVICE A copy of the foregoing Agreed Dismissal was served by operation of the court's electronic filing system on all parties whom have filed notices of appearance as of this date and served by regular U.S. mail on April 5, 2007 on all other parties at the address provided in the complaint in this matter.

/s/Dean Boland Dean Boland (0065693)

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