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					      Case 1:13-cv-00196 Document 7 Filed in TXSD on 10/28/13 Page 1 of 2



                          UNITED STATES DISTRICT COURT
                       FOR THE SOUTHERN DISTRICT OF TEXAS
                              BROWNSVILLE DIVISION


ALBERTO MALDONADO and                             §
CLAUDIA ESMERALDA GONZALEZ,                       §
                                                  §
               PLAINTIFFS                         §
                                                  §   CIVIL ACTION NO. 1:13-cv-00196
v.                                                §
                                                  §
ERIN HERNANDEZ GARCIA; ERNEST                     §
HERNANDEZ, JR., ERNEST                            §
HERNANDEZ, III; AND CAMERON                       §
COUNTY,
                                                  §
                                                  §
                DEFENDANTS


 PLAINTIFFS' MOTION FOR VOLUNTARY NON-SUIT WITHOUT PREJUDICE AS
   TO ALL NAMED DEFENDANTS, PURSUANT TO RULE 41 OF THE FEDERAL
                     RULES OF CIVIL PROCEDURE


       COME NOW ALBERTO MALDONADO and CLAUDIA ESMERALDA GONZALEZ,

Plaintiffs herein, by and through their attorney WILLIAM J. TINNING, and file this their

Motion for Voluntary Non-Suit Without Prejudice As to All Named Defendants, Pursuant to

Rule 41 of the Federal Rules of Civil Procedure, and would state:

       1.      No service has been accomplished and no answers have been filed by the

Defendants; therefore, pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure,

Plaintiffs hereby non-suit all claims as to all Defendants, without prejudice based on ongoing

intermediary communication that posting and public notice requirements mean that time is

needed to properly post and consider potential non-monetary documentation that will potentially

resolve this litigation and aid plaintiffs in their immigration process, which is the basis for their

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      Case 1:13-cv-00196 Document 7 Filed in TXSD on 10/28/13 Page 2 of 2



claim and which would mitigate any other claims they have, or may have, without that assisting

documentation.

       2.      Plaintiffs can and will revisit their legal options if this requested showing of good

faith does not resolve the pressing non-monetary issues which can adversely affect their

immigration efforts and, which if resolved, can mitigate or extinguish the need to press their

monetary claims.

       3.      In response to this request to respond to Plaintiffs’ settlement proposal and show the

requested good faith, Plaintiffs are hereby non-suiting, without prejudice, all their claims as to all

defendants.

       WHEREFORE, Plaintiffs pray that their causes of action against All Named Defendants

be non-suited without prejudice pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil

Procedure.

                                       Respectfully submitted,

                                       LAW OFFICE OF WILLIAM J. TINNING, P.C.
                                       1013 Bluff Drive
                                       Portland, Texas 78374
                                       Telephone:    (361) 643-9200
                                       Facsimile:    (361) 643-9600

                                       By:  /s/ William J. Tinning_______________
                                            William J. Tinning
                                            State Bar No. 20060500
                                            Federal I.D. No. 0749
                                       LEAD ATTORNEY FOR PLAINTIFFS

CO-COUNSEL:
Louis S. Sorola
1999 W. Jefferson
Brownsville, Texas 78520
Telephone: (956)504-2911
Facsimile: (956)544-7766

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