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Case 3:09-cv-01134-G Document 13 Filed 03/10/10 Page 1 of 3 PageID 138

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION



Plaintiffs,

AIR FOODMART, INC. and
RAFIQ MERCHANT,


v.

LEASE FINANCE GROUP, LLC




Defendant.

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Case No. 3:09-cv-1134
(Removed from the 44th Judicial
District Court, Dallas County, Texas)









DEFENDANT’S NOTICE OF WITHDRAWAL

OF MOTION TO DISMISS WITHOUT PREJUDICE

TO THE HONORABLE JUDGE OF SAID COURT:



Defendant, Lease Finance Group, LLC (“LFG”), hereby gives Notice of the Withdrawal

without prejudice to the refilling of its Motion to Dismiss or, in the alternative, Motion to

Transfer Venue filed on June 23, 2009, in the captioned matter. This Motion was set for hearing

at 1:30 p.m. on Monday, March 22, 2010, by the Court’s Order of February 5, 2010.



Pursuant to that Order, discovery limited to the issues raised by the pending Motion and

Plaintiff’s Response was authorized prior to the issuance of an initial Scheduling Order/Rule 26

Conference. Defendant was unable to complete meaningful discovery in the limited time frame

authorized due to scheduling conflicts, including the death of the lead counsel’s father after the

Order was issued. Likewise, Plaintiffs’ Response raised issues that go to the underlying merits

of the case that need to be developed by full discovery, rather than the limited expedited

discovery previously authorized by the Court. Consequently, Defendant, Lease Finance Group,

respectfully withdraws its pending Motion without prejudice and requests the Court instead to

issue a Scheduling Order so that matters can proceed apace.



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Case 3:09-cv-01134-G Document 13 Filed 03/10/10 Page 2 of 3 PageID 139

Respectfully submitted,











/s/ Wm. Bruce Stanfill
Wm. Bruce Stanfill
Texas Bar No.: 19034350
Federal Bar No: 8899
[email protected]
BEIRNE, MAYNARD & PARSONS, L.L.P.
1300 Post Oak Boulevard, Suite 2500
Houston, Texas 77056-3000
Telephone: (713) 623-0887
Facsimile: (713) 960-1527

and

Sarah B. Davis
Texas Bar No. 24059659
[email protected]
BEIRNE, MAYNARD & PARSONS, L.L.P.
1700 Pacific Avenue, Ste. 4400
Dallas, Texas 75201
Telephone: (214) 237-4300
Facsimile: (214) 237-4340

ATTORNEYS FOR DEFENDANT
LEASE FINANCE GROUP, LLC

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Case 3:09-cv-01134-G Document 13 Filed 03/10/10 Page 3 of 3 PageID 140

CERTIFICATE OF SERVICE


I hereby certify that a true and correct copy of this document has been forwarded to all
counsel of record as listed below by e-filing in compliance with the applicable Federal Rules of
Civil Procedure, on the 10th day of March, 2010.


Greg Gutman, Esq.
LAW OFFICE OF GREG GUTMAN
12770 Coit Road, Suite 1100
Dallas, Texas, 75251









/s/ Sarah B. Davis
Sarah B. Davis






1174373v.1 004365/090536

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