Heartbrand Beef, Inc. v. Lobel's of New York, LLC et al

Filing 59

NOTICE of Dismissal as to Yahoo! Inc. by Heartbrand Beef, Inc., filed. (Lee, Ted)

Heartbrand Beef, Inc. v. Lobel's of New York, LLC et al

Doc. 59

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION HEARTBRAND BEEF, INC. § § Plaintiff, § § vs. § § LOBEL'S OF NEW YORK, LLC, § WORLDWIDE MEDIA, INC. THOUGHT § CONVERGENCE, INC. and YAHOO! INC.§ Defendants. §

Civil Action No. 6:08-cv-00062

PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL
Plaintiff, Heartbrand Beef, Inc. ("Heartbrand") hereby files this "Plaintiff's Notice of Voluntary Dismissal", voluntarily dismissing its remaining claims against Defendant, Yahoo! Inc. 1. Heartbrand filed its Complaint in this matter on July 25, 2008 against Defendant Lobel's

of New York, LLC and Worldwide Media, Inc., and amended the Complaint on August 5, 2008 to include Defendants Thought Convergence, Inc. and Yahoo! Inc. 2. Heartbrand has since settled with Defendants Worldwide Media, Inc., Thought

Convergence, Inc. and Lobel's of New York, LLC, all of whom have been dismissed from this case. Thus, Yahoo! Inc. is the only remaining Defendant. 3. On February 5, 2009, the Court issued its "Memorandum and Order", granting in part

Yahoo! Inc.'s Motion to Dismiss. As a result, Heartbrand's false designation of original claim under the Lanham Act has been dismissed. 4. At this time, Heartbrand no longer wishes to pursue its remaining causes of action against

Yahoo! Inc. Yahoo! Inc. has not served an Answer or a Motion for Summary Judgment as of the

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filing of this Notice.

Therefore, pursuant to Fed. R. Civ. P. 41(a)(1), Heartbrand hereby

dismisses this action without prejudice. Respectfully submitted, By: _____/s/ Ted D. Lee______________ Ted D. Lee State Bar No. 12137700 GUNN & LEE, P.C. 700 North St. Mary's St., Suite 1500 San Antonio, Texas 78205 [phone] Telephone [phone] Facsimile COUNSEL FOR PLAINTIFF HEARTBRAND BEEF, INC. CERTIFICATE OF SERVICE I hereby certify that on the 10th day of February 2009, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: Annalyn G. Smith Bracewell & Giuliani, LLP 106 S. St. Mary's Street, Suite 800 San Antonio, TX 78205 Defendant Yahoo! Inc. David S. Fleming Howard S. Michael Brinks Hofer Gilson & Lione 455 N. City Front Plz. Dr. Chicago, IL 60611 Defendant Yahoo! Inc.

__/s/ Ted D. Lee___________________

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