Aloft Media, LLC v. Oracle Corporation et al

Filing 151

NOTICE of Voluntary Dismissal by Aloft Media, LLC (Attachments: # 1 Text of Proposed Order Dismissing Fidelity Investments, LLC WITH PREJUDICE)(Albritton, Eric)

Aloft Media, LLC v. Oracle Corporation et al

Doc. 151

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, v. ORACLE CORPORATION, et al., Defendants. § § § § § § § § § §

Civil Action No. 6:09-CV-304-LED JURY TRIAL DEMANDED

PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT FIDELITY INVESTMENTS, LLC UNDER FED. R. CIV. P. 41(a)(1) Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff Aloft Media, LLC ("Aloft") files this notice of voluntary dismissal, with prejudice, of its cause of action against Fidelity Investments, LLC ("Fidelity Investments"). To date, Fidelity Investments has neither answered any Complaint nor filed a motion for summary judgment. Plaintiff and Fidelity Investments will each bear its own costs, expenses and legal fees. This dismissal does not affect any other named defendant. Respectfully Submitted,

_______________________________ Eric M. Albritton Texas State Bar No. 00790215 [e-mail] Adam A. Biggs Texas State Bar No. 24051753 [e-mail] Debra R. Coleman Texas State Bar No. 24059595 [e-mail]

Dockets.Justia.com

Matthew C. Harris Texas State Bar no. 24059904 [e-mail] ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] Counsel for Aloft Media, LLC

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this notice was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by email and/or fax, on this the 4th day of November 2010.

____________________________________ Eric M. Albritton

2