Night Owl Games, LP

Filing 5

NOTICE of Dismissal as to All Defendants by Night Owl Games, LP, filed. (Barnes, Stephen)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
NIGHT OWL GAMES, LP
a Texas Limited Partnership
Plaintiff,
V.
ZYNGA INC.,
a Delaware Corporation
and
ZYNGA GAME NETWORK INC.,
a California corporation
Defendants.

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CAUSE NO. 4:11-cv-04062

PLAINTIFF’S NOTICE OF DISMISSAL
COMES NOW, Plaintiff, Night Owl Games, LP, a Texas limited partnership (hereinafter
“Night Owl Games”), and file its notice of dismissal under Federal Rule of Civil Procedure
41(a)(1)(A)(i).
1. Plaintiff is Night Owl Games. Defendants are Zynga, Inc. and Zynga Game Network,
Inc.
2. Defendants have not been served with process and have not served an answer or any
pleadings.
3. This case is not a class action case.
4. A receiver has not been appointed in this case.
5. This case is not governed by any federal statute that requires a court order for dismissal
of the case.
6. Plaintiff has not previously dismissed any federal or state court lawsuit based on or
including the same claims as those in this case.
7. This dismissal is without prejudice to refilling.

Prayer for Relief
WHEREFORE, PREMISES CONSIDERED, Plaintiff Night Owl Games respectfully
requests that this Court grants Plaintiff’s Notice of Dismissal, and grant the Plaintiff all other
relief it is justly entitled.
Respectfully Submitted,
By:

/s/ Stephen A. Barnes______________
Stephen A. Barnes, MD, JD
TX Bar No. 24066953
McGEHEE  CHANG, BARNES
Jack E. McGehee TBN 13623700
H. C. Chang TBN 24031930
Stephen A. Barnes TBN 24066953
Benjamin T. Landgraf TBN 24072199
1250 Wood Branch Park Dr., Suite 625
Houston, Texas 77079
[phone]
[phone] fax

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
NIGHT OWL GAMES, LP
a Texas Limited Partnership
Plaintiff,

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V.
ZYNGA INC.,
a Delaware Corporation
and
ZYNGA GAME NETWORK INC.,
a California corporation
Defendants.

CAUSE NO. 4:11-cv-04062

ORDER
After considering Plaintiff’s notice of dismissal, the Court hereby GRANTS the notice of
dismissal and dismisses the above case without prejudice.

Signed this ___ day of __________________, 2012.

__________________________________
PRESIDING JUDGE

APPROVED AS TO FORM:

/s/ Stephen A. Barnes______________
Stephen A. Barnes, MD, JD TBN: 24066953
Jack E. McGehee TBN 13623700
H. C. Chang TBN: 24031930
Benjamin T. Landgraf TBN: 24072199
1250 Wood Branch Park Dr., Suite 625
Houston, Texas 77079
[phone]
[phone] fax
Attorneys for Plaintiff
W:\CASES\nonmp\NOG v ZYNGA\Declaratory Judgment.docx