DietGoal Innovations LLC v. Arby's Restaurant Group, Inc. et al

Filing 440

NOTICE of Voluntary Dismissal by DietGoal Innovations LLC (Attachments: # 1 Text of Proposed Order)(Bukovcan, Niknaz)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
DIETGOAL INNOVATIONS LLC,
Plaintiff,
v.
ARBY’S RESTAURANT GROUP, INC.;
ET AL.,
Defendants.

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Civil Action No. 2:11-cv-00418-MHS-CMC
Jury Trial Demanded

PLAINTIFF’S NOTICE OF DISMISSAL OF DEFENDANT
BON APPÉTIT MANAGEMENT COMPANY WITH PREJUDICE
Pursuant to FED. R. CIV. P. 41(a)(1)(A)(i), Plaintiff DietGoal Innovations LLC
(“DietGoal”) hereby provides notice that it dismisses with prejudice any and all claims made
by DietGoal against Defendant Bon Appétit Management Company in the above-captioned
action.
Dated: May 9, 2012

Respectfully submitted,
BUETHER JOE & CARPENTER, LLC
By: /s/ Niky Bukovcan
Christopher M. Joe (Lead Counsel)
State Bar No. 00787770
[e-mail]
Niky Bukovcan
State Bar No. 24078287
[e-mail]
1700 Pacific Avenue, Suite 4750
Dallas, Texas 75201
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR PLAINTIFF
DIETGOAL INNOVATIONS LLC

PLAINTIFF’S NOTICE OF DISMISSAL OF DEFENDANT
BON APPÉTIT MANAGEMENT COMPANY WITH PREJUDICE

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have
consented to electronic service are being served with a copy of this document via the
Court’s CM/ECF system per Local Rule CV-5(a) on this 9th day of May, 2012. Any other
counsel of record will be served by facsimile transmission and first class mail.

/s/ Niky Bukovcan
Niky Bukovcan

CERTIFICATE OF CONFERENCE
I hereby certify that counsel for DietGoal Innovations LLC conferred with counsel for
Defendant on May 9, 2012, regarding the foregoing Motion to Dismiss With Prejudice and all
parties are in agreement.
/s/ Niky Bukovcan
Niky Bukovcan

PLAINTIFF’S NOTICE OF DISMISSAL OF DEFENDANT
BON APPÉTIT MANAGEMENT COMPANY WITH PREJUDICE

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