IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

FEDERAL ELECTION COMMISSION, § 

 § 

 Plaintiff, § 

 § 

v. § Civil Action No.: 3:09-CV-0444 

 § 

JODY L. NOVACEK, REPUBLICAN § 

VICTORY COMMITTEE, INC., also § 

known as REPUBLICAN VICTORY § 

2004 COMMITTEE, BPO, INC., and § 

BPO ADVANTAGE, LP, § 

 § 

 Defendants § 

UNOPPOSED MOTION TO DISMISS COUNTERCLAIM WITHOUT 

PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 

41(a)(2)

TO THE HONORABLE BARBARA M. G. LYNN, UNITED STATES DISTRICT 

JUDGE: 

Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Jody L. Novacek, 

Republican Victory Committee, Inc., Also Known As Republican Victory 2004 

Committee, Bpo, Inc., and Bpo Advantage, Lp, (“Defendants”) file this Unopposed 

Motion to Dismiss their Counterclaim without prejudice to reinstate and with no award of 

fees or costs, based on the following: 

1. On March 9, 2009, the Federal Election Commission (“FEC”) filed a 

Complaint seeking declaratory, injunctive and other appropriate relief in the above-styled 

matter. 

2. Defendants are representing themselves in this action Pro Se. 

3. On November 2, 2009, Defendants filed a counterclaim against the FEC 

seeking declaratory, injunctive and other appropriate relief. 

Unopposed Motion to Dismiss Without Prejudice Page 1 

Pursuant to Federal Rule of Civil Procedure 41(a)(2)

Case 3:09-cv-00444-M Document 30 Filed 01/28/2010 Page 1 of 4
4. On November 30, 2009, the FEC filed a motion to dismiss Defendants’ 

Counterclaims. 

5. After further discussion expressing Defendants’ desire to seek a voluntary 

dismissal of their Counterclaims without prejudice, Mr. Kevin Deeley of the FEC stated 

that they are unopposed to this request. 

Accordingly, Defendant’s request that their Counterclaims be dismissed without 

prejudice to refiling at a later date. 

Respectfully submitted, 

 By: . /s/ Jody L. Novacek .

 Jody L. Novacek

Unopposed Motion to Dismiss Without Prejudice Page 2 

Pursuant to Federal Rule of Civil Procedure 41(a)(2)

Case 3:09-cv-00444-M Document 30 Filed 01/28/2010 Page 2 of 4
CERTIFICATE OF CONFERENCE

 I certify that on January 22, 2010, I conferred with Mr. Kevin Deeley of the FEC 

and he was not opposed to the foregoing request for voluntary dismissal without 

prejudice. 

 . /s/ Jody L. Novacek .

 Jody L. Novacek

CERTIFICATE OF SERVICE

 I certify that a true and correct copy of the foregoing instrument was delivered to 

counsel of record, Greg J. Mueller, Federal Election Commission in accordance with the 

Federal Rules of Civil Procedure via the CM/ECF system upon the filing hereof on this 

28th day of January, 2010. 

 . /s/ Jody L. Novacek .

 Jody L. Novacek 

Unopposed Motion to Dismiss Without Prejudice Page 3 

Pursuant to Federal Rule of Civil Procedure 41(a)(2)

Case 3:09-cv-00444-M Document 30 Filed 01/28/2010 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

FEDERAL ELECTION COMMISSION, § 

 § 

 Plaintiff, § 

 § 

v. § Civil Action No.: 3:09-CV-0444 

 § 

JODY L. NOVACEK, REPUBLICAN § 

VICTORY COMMITTEE, INC., also § 

known as REPUBLICAN VICTORY § 

2004 COMMITTEE, BPO, INC., and § 

BPO ADVANTAGE, LP, § 

 § 

 Defendants § 

ORDER

 Before the Court on this ____ day of ________, 2010, is Defendants’ Motion to 

Dismiss their Counterclaims without Prejudice. Such request is unopposed by the FEC 

and has merit and the Court is therefore of the opinion that said motion should be 

GRANTED. 

 ACCORDINGLY, IT IS ORDERD that Defendants’ Counterclaims are dismissed 

without prejudice to refiling at a later date and without an award of fees or costs. 

 SIGNED this ___ day of ________, 2010. 

 ____________________________________ 

 BARBARA M.G. LYNN 

 UNITED STATES DISTRICT JUDGE 

Unopposed Motion to Dismiss Without Prejudice Page 4 

Pursuant to Federal Rule of Civil Procedure 41(a)(2)

Case 3:09-cv-00444-M Document 30 Filed 01/28/2010 Page 4 of 4