`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`JEFFREY G. SHELDON (SBN 67516)
`jsheldon@cislo.com
`KATHERINE M. BOND (SBN 263020)
`kbond@cislo.com
`CISLO & THOMAS LLP
`12100 Wilshire Blvd., Ste. 1700
`Los Angeles, CA 90025
`Telephone: (310) 979-9190
`
`Attorneys for Plaintiff
`LUCK Y BOY HAMBURGERS, INC.
`
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`
`
`LUCKY BOY HAMBURGERS,
`INC., a California corporation,
`
`
`Plaintiff,
`
`
`v.
`
`
`NEWS MERGER COMPANY LLC
`d/b/a POSTMATES, a Delaware
`limited liability company, ,
`
`
`
`Defendant.
`
`CASE NO. 2:21-cv-01706- AB-E
`
`
`Honorable Andre Birotte Jr.
`
`NOTICE OF VOLUNTARY
`DISMISSAL WITH PREJUDICE
`BY PLAINTIFF
`(FRCP 41(a)(1)(A)(i))
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`///
`///
`///
`
`
`
`Notice of Voluntary Dismissal
`
`
`
`
`Case 2:21-cv-01706-AB-E Document 20 Filed 06/02/21 Page 2 of 2 Page ID #:188
`
`
`
`PLEASE TAKE NOTICE that Plaintiff Lucky Boy Hamburgers, Inc.
`(“Plaintiff”), and Defendant News Merger Company LLC d/b/a Postmates
`(“Defendant”) have entered into a settlement agreement (“Agreement”). Per the
`terms of the Agreement, Plaintiff hereby voluntarily dismisses all claims in this
`action with prejudice in its entirety for all actions complained of up to the date of
`dismissal, each party to bear its own attorneys’ fees and costs.
`Federal Rule of Civil Procedure 41(a)(1) provides, in relevant part:
`(a) Voluntary Dismissal.
`(1) By the Plaintiff.
`(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and
`any applicable federal statute, the plaintiff may dismiss an action without a court
`order by filing:
`(i) a notice of dismissal before the opposing party serves either an answer or a
`motion for summary judgment
`
`*
`*
`*
`Defendant has neither answered Plaintiff’s Complaint, nor filed a motion for
`summary judgment. Even though a Court Order is not required, Plaintiff has
`provided a Proposed Order dismissing the action with prejudice pursuant to Rule
`41(a)(1)(A)(i) of the Federal Rules of Civil Procedure.
`
`
`Dated: June 2, 2021
`
`/s/Jeffrey G. Sheldon O
`Jeffrey G. Sheldon
`Katherine M. Bond
`Attorneys for Plaintiff
`LUCKY BOY HAMBURGERS INC.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`
`1
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
