Case 4:12-cv-00883-A Document 41 Filed 01/03/13 THANH LE, ET AL., IN THE UNITED STATES DISTRI NORTHERN DISTRICT OF T FORT WORTH DIVISION Plaintiffs, Page 1 of 5 PageID 319 U.S. P!S1WrT(OURT NORTHERN DISTRICT OF TEXAS COURT S FI'!) ' 7 CLERK, U.S. DISTRICT COURT By Deputy VS. NO. 4:12-CV-883-A (Consolidated with No. 4:12-CV-884-A) RADIOSHACK CORPORATION, ET AL., Defendants. ORDER On January 2, 2013, the court received via facsimile a letter from counsel for plaintiff, Thanh Le. Included with the letter was an unsigned draft of a notice of voluntary dismissal without prejudice which the letter indicates plaintiff intends to file upon retention of local counsel. The court is attaching the letter and notice to this order as exhibits so that they will be a part of the record in this action, and so that all counsel for defendants will be apprised of this communication with the court. The court normally does not take action based on such informal communications. However, in this instance the court is recognizing the letter and attachment as a notice of voluntary dismissal without prejudice pursuant to Rule 41(a) (1) (A) (i) of the Federal Rules of Civil Procedure, and is ordering that this
Case 4:12-cv-00883-A Document 41 Filed 01/03/13 Page 2 of 5 PageID 320 action be dismissed. The court also reminds plaintiff that any future communications with the court must be in the form of a properly prepared written motion, filed with the clerk of the court and served on the opposing party, in compliance with the Federal Rules of Civil Procedure and the Local Civil Rules of this court. Therefore, The court ORDERS that all claims and causes of action filed by plaintiff, Thanh Le, against defendants, Radioshack Corporation and James F. Gooch, be, and are hereby, dismissed without prejudice.' SIGNED January 3, 2013. 'This case is a purported class action. Thanh Le was named lead plaintiff; however, no class action has yet been certified. The court's dismissal is intended to dismiss without prejudice the claims of any other plaintiff currently named in this action. 2
Case 4:12-cv-00883-A Document 41 Filed 01/03/13 L Attorneys at Law Page 3 of 5 PageID 321 1/3 1101 30th Street, N.W. Suite 115 Washington, DC 20007 (202) 524-4290 Nicholas I. Porntt nporritt zlk.com January 2, 2013 VIA FAX AND FEDERAL EXPRESS The Honorable John H. McBryde U.S. District Court for the Northern District of Texas 501W. 10th Street Room 401 Fort Worth Texas 76102-3673 Fax: (8 17) 850-6660 Re; Thanh Le, ci al v. RadioShaclt Corp., et al., No. 4:12-CV-883-A Dear Judge McBryde: We are counsel for plaintiff 'l'hanh H. Le. The deadline to file our amended complaint is today as laid out in the Courts Order of Consolidation dated December 17, 2012. We have decided to voluntarily dismiss our complaint without prejudice, but have had significant di Iliculty in retaining local counsel despite our diligent efforts to do so, and are therefore unable at this point in time to tile our Notice of Voluntary Dismissal Without Prejudice. To that end, today we called the Court's chambers, explaining our difficulty in obtaining local counsel, and advising your clerk that we plan on filing our Notice of Voluntary Dismissal Without Prejudice (a draft of which is attached hereto) as soon as we are able to retain local counsel, We have conferred with defense counsel on our difficulty in obtaining local counsel, and defense counsel aware of our intent to voluntarily dismiss the complaint as soon as we are able to liaise with local counsel. We will continue our efforts to retain local counsel, and will file the notice as soon as practicable. Respectfully yours, cc: Paul Richard Bessette Enclosure Nicholas 1. Porritt Case No. 4:12-C V-883-A (Consolidated with Case No. 4:12-CV-884-A) (Page 1 of 3)
2013-01 Case 4:12-cv-00883-A Document 41 Filed 01/03/13 Page 4 of 5 PageID 322 2/3 IN THE UNITED STATES DISTRICT COURT FOR THE NOTHERN DISTRICT OF TEXAS FORT WORTH DIVISION FHANH LE, et al., Plaintiff's V. No. 4:12-CV-853-A (consolidated with No. 4:12-CV-884-A) RAD LOSHACK CORPORATION, et al., Defendants NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE Plaintiff Thanh Le, by and through counsel, pursuant to Rule 41(a)(I)(A)(i) of the Federal Rules of Civil Procedure, hereby gives notice of the dismissal of Defendants RadioSliack Corp. and James F. Gooch (the "Defendants") from this proposed class action without prejudice. Plaintiff's voluntary dismissal of the Defendants is without prejudice and without notice in accordance with the provisions of Fed. R. Civ. P. 23(e). In connection with this notice, Plaintiff states as Ibliows: I. The Defendants were named in this action that was transtthcd to this Court on December 7, 2012, 2. This Court has subject matter jurisdiction with respect to all claims asserted against each of the Defendants of this action. 3 The Defendants have not tiled an answer or motion fr summary judgment. 4. No motion for class certification has yet been filed in this action. Case No. 4:12-CV4883-A (Consolidated with Case No. 4:12-CV-$84-A). (Page 2 of 3)
Case 4:12-cv-00883-A Document 41 Filed 01/03/13 Page 5 of 5 PageID 3 23 3/3 [LOCAL COUNSEL SIGNATURE BLOCK] Thomas M. Gottschlich Nicholas I. Pothtt LEVI & KORSINSKY LLP ii 01 30th Street, NW Suite 115 Washington, DC 20007 Tel: (202) 524-4290 Fax: (202) 333-2121 Counsel/or Lead Plainii/f CERTIFICATE OF SERVICE I hereby certify that on January 2013, the foregoing document was filed with the clerk of the court for the U.S. District Court Thereby certify that Ihave served the foregoing document to all individuals in this matter by mail. [NAME] - Case No. 4:12-CV-883-.A (Consolidated with Case No. 3:12-CV-884-A) 2 (Page 3ofJ)