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| E!'s Motion To Dismiss Or, In the Alternative, to Quash Service for Insufficiency of Service of Process is Withdrawn |
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DEFENDANT'S UNOPPOSED NOTICE OF WITHDRAWAL OF BY AGREEMENT OF THE PARTIES, E! HAS AGREED TO WAIVE THE SERVICE REQUIREMENTS OF F.R.C.P. RULE 4, RENDERING ITS MOTION TO DISMISS OR, IN THE ALTERNATIVE, QUASH SERVICE FOR INSUFFICIENCY OF PROCESS MOOT Pursuant to D.C. Colo. L.Civ. R. 7.1 (A) undersigned counsel has conferred with Plaintiff Michael Meadors who does not oppose the relief requested. Pursuant to an agreement entered into between the parties to resolve any dispute regarding whether service of process has been completed and to expedite the Court's consideration of the merits of Plaintiffs' claims, the parties have agreed that E! will waive service under F.R.C.P. Rule 4 and respond to the pending Complaint by March 29, 2004. At that time, E! intends to file a Motion to Dismiss Plaintiffs' claims on the basis that the E! copyrighted DVDs at issue in this case sere distributed without charge solely to members of the Academy of Television Arts and Sciences and the National Academy of Television Arts and Sciences for the purpose of promoting broadcast television programs for Emmy consideration. As the copyright owner, E! has prohibited any further distribution or the sale of the DVDs. This prohibition is displayed on the DVDs. The sale of the DVDs on eBay by Plaintiffs thus infringes upon Defendant's copyrights, obviating Plaintiffs' claims in this action. WHEREFORE, Defendant requests that this Court enter an order providing for E!'s withdrawal of its Motion to Dismiss Or, In the Alternative, to Quash Service for Insufficiency of Service of Process, granting E! to and including March 29, 2000 to respond to Complaint, and such other relief as the Court deems proper. Dated this 10th day of March, 2004. |