Copyright Law

Banks in Wikileaks Case Back Down, Seek to Dismiss Case After Losing Fight Over Injunctions

By David Ardia

As if the order by Judge White vacating the injunctions in the Wikileaks case weren't enough, the Banks that brought the case have now filed a notice of dismissal seeking to voluntarily dismiss the entire case. It's a short filing, so I've quoted it in its entirety below:

PLEASE TAKE NOTICE that Plaintiffs BANK JULIUS BAER & CO. LTD and JULIUS BAER BANK AND TRUST CO. LTD (?Plaintiffs?) hereby voluntarily dismisses, without prejudice, the above captioned action in its entirety,whereby Plaintiffs may, at their option, later pursue their claims, including in an alternate court, jurisdiction or venue.

Pursuant to Fed. Rules of Civil Proc., Rule 41(a)(1)(i), Plaintiffs have the absolute right to dismiss the action ?without order of the court? by filing a notice of dismissal ?at any time before service by the adverse party of an answer or of a motion for summary judgment? Id.; See Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc. (9th Cir. 1999) 193 F.3d 1074, 1077.

Query whether this case should be dismissed with prejudice. Clearly the Banks don't think so -- their notice of dismissal is without prejudice -- but that is worth looking into. Note also that the Banks have stated that they "may, at their option, later pursue their claims, including in an alternate court, jurisdiction or venue." I don't think we've seen the last of this dispute.

Full post as published by Citizen Media Law Project on March 05, 2008 (boomark / email).