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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