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Giakas v. Front Porch Digital

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


July 5, 2007

WALLY GIAKAS, ET AL., PLAINTIFFS,
v.
FRONT PORCH DIGITAL, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Mary L. Cooper United States District Judge

MEMORANDUM OPINION

THE PLAINTIFFS having voluntarily dismissed the complaint insofar as asserted against the defendants Front Porch Digital, Inc., and Front Porch Digital (collectively, "FPD Defendants") without prejudice (dkt. entry no. 7, 10-25-06 Dism. Not.); and it appearing that only the claims asserted against the defendant Incentra Solutions, Inc. ("ISI") remained viable; and the plaintiffs now submitting, but not electronically filing, a letter "to advise the Court that we . . . consent to the entry of an order dismissing this action with prejudice" (6-28-07 Pls. Letter);*fn1 and thus the Court intending to (1) amend the dismissal of the complaint insofar as asserted against the FPD Defendants to be with prejudice under Federal Rule of Civil Procedure ("Rule") 41(a), (2) dismiss the complaint insofar as asserted against ISI with prejudice under Rule 41(a), and (3) close the action; and for good cause appearing, the Court will issue an appropriate order and judgment.


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