PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS WITHOUT PREJUDICE PAGE 1 

IN THE UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

GOLDEN GATE COMMUNICATIONS, 

LLC, 

 Plaintiff, 

 v. 

ALLIOS, INC., 

 Defendant. 

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Civil Action No. 4:23-CV-063-SDJ 

PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS WITHOUT PREJUDICE 

COMES NOW Plaintiff Golden Gate Communications, LLC (“Plaintiff”), by and through 

its attorneys, and hereby files this motion to voluntarily dismiss its action against Defendant Allios, 

Inc. (“Defendant”) and respectfully shows the Court as follows: 

1. Plaintiff filed this action on December 13, 2022 in the U.S. District Court for the 

Northern District of Texas, asserting claims against Defendant arising from Defendant’s failure to 

pay Plaintiff’s invoices for goods provided pursuant to a contract between the parties. 

2. On December 19, 2022, the U.S. District Court for the Northern District of Texas 

issued an order transferring this action to the Eastern District of Texas. 

3. Defendant filed an answer to Plaintiff’s Complaint on January 13, 2023. 

4. The parties’ counsel have had several conversations to attempt to amicably resolve 

the issues in dispute. But on or around January 20, 2023, Defendant sold all of its assets to a third 

party. Since the asset sale, the parties’ counsel have continued discussions to attempt to resolve 

the issues in dispute. 

5. On April 10, 2023, this Court ordered Plaintiff to file an amended complaint 

alleging additional facts regarding its own citizenship sufficient to invoke the Court’s jurisdiction. 

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PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS WITHOUT PREJUDICE PAGE 2 

(Dkt. No. 15.) Plaintiff is a limited liability company incorporated in California with its principal 

place of business in California and with only one member, an individual who resides in Santa 

Barbara, California. As a result, Plaintiff is also a citizen of California. 

6. In other words, Plaintiff can comply with the Court’s order and allege additional 

facts regarding its own citizenship sufficient to invoke the Court’s jurisdiction. However, to 

conserve the parties’ and the Court’s resources and to more effectively negotiate a resolution of 

the issues underlying this action with Defendant and/or the third party that purchased Defendant’s 

assets, Plaintiff seeks to voluntarily dismiss its action against Defendant without prejudice. 

7. Plaintiff has not previously dismissed an action against Defendant based on or 

including the same claim or claims as those presented in this action. 

8. This motion is made in good faith and is in furtherance of judicial economy and 

efficiency. 

For good cause shown herein, Plaintiff respectfully requests that this Court dismiss its 

action against Defendant without prejudice. 

Dated: April 20, 2023 Respectfully submitted, 

/s/ J. Nicholas Bunch 

J. Nicholas Bunch 

State Bar No. 24050352 

nick.bunch@haynesboone.com 

Neil Issar 

State Bar No. 24102704 

neil.issar@haynesboone.com 

HAYNES AND BOONE, LLP 

2323 Victory Avenue, Suite 700 

Dallas, Texas 75219 

Tel: 214-651-5000 

Fax: 214-651-5940 

ATTORNEYS FOR PLAINTIFF 

GOLDEN GATE COMMUNICATIONS, 

LLC 

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PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS WITHOUT PREJUDICE PAGE 3 

CERTIFICATE OF CONFERENCE 

I hereby certify that counsel for Plaintiff attempted to confer with counsel for Defendant 

on April 19 and April 20, 2023 regarding the relief requested in this Motion. Defendant’s counsel 

could not be reached. 

/s/ J. Nicholas Bunch 

J. Nicholas Bunch 

CERTIFICATE OF SERVICE 

 I hereby certify that a true and correct copy of the foregoing document was served on 

Plaintiff’s counsel of record via the ECF System on April 20, 2023. 

/s/ J. Nicholas Bunch 

J. Nicholas Bunch 

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