Chang et al v. Virgin Mobile USA LLC et al

Filing 32

MOTION to Withdraw 31 MOTION for Leave to re-serve Defendant Virgin Mobile Pty Ltd by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) Modified on 1/11/2008 (jb).

UNITED STATES DISTRICT COURT NORTHER DISTRICT OF TEXAS DALLAS DIVISION SUSAN CHANG, as Next Friend of Alison Chang, a minor, And Justin Ho-Wee Wong Plaintiffs, v. Virgin Mobile Pty Ltd., Defendant. § § § § § § § § § § § § §

CAUSE NO. 3:07-CV-01767

PLAINTIFFS' MOTION TO WITHDRAW ITS MOTION FOR LEAVE TO RESERVE VIRGIN MOBILE PTY LTD Plaintiffs respectfully request the Court's permission to withdraw their Motion to Reserve Defendant Virgin Mobile Pty Ltd. filed on January 4, 2008, as the Motion was intended to be filed before, not after, their Motion for Extension to Respond to Defendant's Motion to Dismiss. Because the extension was granted, Plaintiffs now have sufficient time to reserve Defendant in compliance with the Federal Rules of Civil Procedure.

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Respectfully submitted, /s/ Ryan H. Zehl____________________ Ryan H. Zehl State Bar No. 24047166 Fitts Zehl, LLP 5065 Westheimer Rd., Suite 700 Houston, Texas 77056 [phone] (telephone) [phone] (facsimile) [e-mail] Mark W. Romney State Bar No. 17225750 Shannon, Gracey, Ratliff & Miller, LLP 500 N. Akard Street, Suite 2500 Dallas, Texas 75201 [phone] (telephone) [phone] (facsimile) [e-mail] ATTORNEYS FOR PLAINTIFFS

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CERTIFICATE OF SERVICE I hereby certify that on the 10 day of January 2008, I electronically filed the foregoing document with the Clerk of the Court for the U.S. District Court, Northern District of Texas, using the Court's electronic case filing system. The system sent a "Notice of Electronic Filing" to the following attorneys of record, all of whom have consented to accept this Notice as service of the document: Lisa H. Meyerhoff Baker & McKenzie LLP 2001 Ross Ave. Dallas, Texas 75201

/s/ Ryan H. Zehl______________________ Ryan H. Zehl

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