Free Notice of Voluntary Dismissal - District Court of Delaware - Delaware

Case 1:05-cv-00485-JJF Document 48 Filed 05/O4/2006 Page 1 of 3
IN THE UNITED STA'I`ES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
IN RE: )
)
IN'I`EL CORP. MICROPROCESSOR )
ANTITRUST LITIGATION ) MDL Docket No. 05-17.17-JJF
)
)
This pleading relates to: ) Cas-e N0. 1:05-cv-00913-JJF
)
ANDREW ARMBRISTER, et al, ) Judge Farnan
v. INTEL CORPORATION, )
)
Defendant. )
NOTICE OF VOLUNTARY DISMISSAL OF PLAINTIFFS
ANDREW AND MELISSA ARMBRISTER AND NANCY S. FRIEDMAN
NOW INTO COURT come the Plaintiffs, Andrew Armbrister, Melissa Armbrister, and
Nancy S. Friedman, by and through the undersigned counsel, and file this Notice of Voluntary
Dismissal pursuant to Federal Rule ofCivil Procedure 4 1 (a)( i)(i), voluntarily dismissing this action,
and in support would show1
1. Plaintiffs wish to and hereby do seek voluntary dismissal of this action, without
prejudice to refiling, pursuant to Federal Rule 4I(a)(l)(i).
2. Plaintiffs acknowledge that a dismissal ofan action requesting class action status may
not be obtained without court approval, and thus, they respectfiully request permission from the Court
to voluntarily dismiss this action. Approval should b readily given in this particular case for the
following reasons:

Case 1:05-cv-00485-JJF Document 48 Filed 05/O4/2006 Page 2 of 3
(a) whether to permit Plaintiffs to dismiss a defendant without prejudice is a matter
within the district court's discretion. Tolle v. Carroll Touch, lnc., 23 F.3d 174, 177
(7"‘ Cir. 1994). The Court should grant Plaintiffs’ motion to voluntarily dismiss
under Rule 41 (a)(2) without prejudice, unless it would cause substantial prejudice to
the defendant. Ohloncler v. Larsen, 114 F.3d 1531, 1537 (10"‘ Cir. 1997);
(b) no class has been certified in this action;
(c) "The purpose of Rule 41(a)(2) is freely to allow voluntary dismissals unless the
parties will be unfairly prejudiced." Davis v. USX Corp., 819 F.2d 1270, 1273 (4"‘
Cir. 1987). lf allowed, the voluntary dismissal would not bar any future claims
against the defendants by putative class members, so that is not a concern.
3. A proposed Order of voluntary dismissal is being filed with this Notice.
WHEREFORE, Plaintiffs hereby give this Notice of Voluntary Dismissal pursuant to
Federal Rule of Civil Procedure 41(a)(1)(i), without prejudice to reliling ofsame.
Respectfully submitted this 4"‘ day of May, 2006.
lsl Gordon Ball
Gordon Ball,
Tenn. BPR # 001135
Ball & Scott
550 W. Main Ave., Suite 750
Knoxville, TN 37902
(865) 525-7028
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Case 1:05-cv-00485-JJF Document 48 Filed 05/O4/2006 Page 3 of 3
CERTIFICATE OF SERVICE
1, Gordon Ball, do hereby certify that a copy ofthe foregoing was filed electronically. Notice
ofthis tiling will be sent by operation ofthe Court’s electronic filing system to all parties indicated
on the electronic filing receipt. All other parties will be served by regular U.S. Mail. Parties may
access this filing through the Court’s electronic filing system.
This 4"' day of May, 2006.
/s/ Gordon Ball
Gordon Ball
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