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2:12-cv-08333-ODW-JC Document 43 Filed 01/28/13 Page 1of3 Page ID #:590

Brett L. Gibbs, Esq. (SBN 251000)
Of Counsel to Prenda Law Inc.

38 Miller Avenue, #263

Mill Valley, CA 94941
415-325-5900

blgibbs @ wefightpiracy.com

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE

CENTRAL DISTRICT OF CALIFORNIA

INGENUITY 13 LLC, ) No. 2:12-cv-08333-ODW-JC
)
Plaintiff, ) PLAINTIFF’S NOTICE OF VOLUNTARY
Vv. ) DISMISSAL OF ACTION WITHOUT
) PREJUDICE
JOHN DOE, )
)
Defendant. )
)
)

NOTICE OF VOLUNTARY DISMISSAL OF ACTION WITHOUT PREJUDICE

NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1),
Plaintiff voluntary dismisses this action in its entirety without prejudice. The Court before which the
instant action presently sits has recently held that “[T]he Court is not convinced that that there is
no way of identifying John Doe through an IP address other than obtaining ISP subscriber
information—Plaintiff has presented nothing but argument suggesting that it is so.”' Plaintiff
maintains its contention that it is factually impossible to identify a John Doe through an IP address
without obtaining ISP subscriber information; as such, Plaintiff now dismisses this action without

prejudice in order to avoid the futility of attempting to litigate these cases under such circumstances.

' AF Holdings v. Doe, No. 2:12-cv-06637-ODW-JC (C.D. Cal. January 25, 2013), Order Dismissing Case (ECF No. 21.)

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2:12-cv-08333-ODW-JC Document 43 Filed 01/28/13 Page 2of3 Page ID #:591

In accordance with Federal Rule of Civil Procedure 41(a)(1), Defendant has neither filed an
answer to Plaintiff's Complaint, nor a motion for summary judgment. Dismissal under Federal Rule

of Civil Procedure 41(a)(1) is therefore appropriate.

Respectfully Submitted,

DATED: January 28, 2013

By: /s/_ Brett L. Gibbs, Esq.

Brett L. Gibbs, Esq. (SBN 251000)
Of Counsel for Prenda Law Inc.

38 Miller Avenue, #263

Mill Valley, CA 94941

blgibbs @ wefightpiracy.com
Attorney for Plaintiff

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NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE

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2:12-cv-08333-ODW-JC Document 43 Filed 01/28/13 Page 3of3 Page ID #:592

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on January 28, 2013, all individuals of record who are deemed
to have consented to electronic service are being served a true and correct copy of the foregoing
document, and all attachments and related documents, using the Court’s ECF system.

/s/_ Brett L. Gibbs
Brett L. Gibbs, Esq.

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NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE