United States District Court for S.D. Miss.
Case No. 3:09-cv-346HTW-LRA, Filed June 11, 2009
On October 7, 2009, Prime Table filed a notice for dismissal of the case under FRCP 41(a)(1). Rule 41 allows a plaintiff to dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. In this case National Table Games had not responded to Prime Table’s suit with any court filings before Prime Table filed the voluntary dismissal. Based on the amount of time between the lawsuit being filed and dismissed, the parties likely started settlement discussions immediately after the case was filed, and Prime Table Games kept agreeing to delay the deadline for National Table Games to file its Answer to the Complaint in view of ongoing settlement discussions.
Prime Table Games is the creator and marketer of gambling games that are generally intended for use in casinos but can also be played in other formats such as video and remote games. Prime owns U.S. Patent No.