Video Professor, Inc. v. Amazon.com, Inc.

Filing 92

Unopposed MOTION to Withdraw Document re 79 MOTION for Attorney Fees and to Declare Case Exceptional Pursuant to 15 U.S.C. § 1117 by Defendant Amazon.com, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Briant, Jared)

Video Professor, Inc. v. Amazon.com, Inc.

Doc. 92

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:09-CV-00636-REB-KLM VIDEO PROFESSOR, INC. Plaintiff, v. AMAZON.COM, INC. Defendant. UNOPPOSED MOTION TO WITHDRAW MOTION TO DECLARE CASE EXCEPTIONAL PURSUANT TO 15 U.S.C. § 1117 AND AWARD DEFENDANT ITS REASONABLE ATTORNEY FEES Defendant Amazon.com, Inc. (" mazon" hereby files its Unopposed Motion to A ) Withdraw Motion to Declare Case Exceptional Pursuant to 15 U.S.C. § 1117 and Award Defendant Its Reasonable Attorney Fees [#79], and in support thereof states as follows: CERTIFICATE OF CONSULTATION Pursuant to D.C.COLO.LCivR 7.1(A), undersigned counsel for Amazon met and conferred with counsel for VPI regarding the subject matter of this Motion. VPI does not oppose the relief requested herein. GROUNDS FOR MOTION 1. On May 7, 2010, Amazon filed its Motion to Declare Case Exceptional

Pursuant to 15 U.S.C. § 1117 and Award Defendant Its Reasonable Attorney Fees (" otion for Attorney Fees". [#79]. M )

Dockets.Justia.com

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On June 1, 2010, Plaintiff Video Professor, Inc. (" PI" filed its Response V)

in Opposition to Amazon' Motion for Attorney Fees. [#86]. On June 18, 2010, Amazon s filed its Reply to VPI' Response to Amazon' Motion for Attorney Fees. [#89]. s s Amazon' Motion for Attorney Fees is currently pending before this Court. s 3. Amazon and VPI recently reached an agreement resolving the remaining

issues in this case, including this pending motion and VPI' pending appeal before the s United States Court of Appeals for the Tenth Circuit. 4. Accordingly, Amazon moves the Court to withdraw its currently pending

Motion for Attorney Fees. CONCLUSION For each of the foregoing reasons, Amazon respectfully requests that this Court withdraw Amazon' Motion to Declare Case Exceptional Pursuant to 15 U.S.C. § 1117 s and Award Defendant Its Reasonable Attorney Fees [#79]. A proposed order is submitted with this motion in accordance with Local Civil Rule 7.1(F). Respectfully submitted this 3rd day of August, 2010. s/ Jared B. Briant Marc C. Levy Jared B. Briant FAEGRE & BENSON LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 Phone: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant Amazon.com, Inc.

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on August 3, 2010, I electronically filed the foregoing UNOPPOSED MOTION TO WITHDRAW MOTION TO DECLARE CASE EXCEPTIONAL PURSUANT TO 15 U.S.C. § 1117 AND AWARD DEFENDANT ITS REASONABLE ATTORNEYS'FEES with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following persons at the given email addresses: Gregory C. Smith Kieran A. Lasater Fairfield & Woods, P.C. 1700 Lincoln Street W ells Fargo Center #2400 Denver, CO 80203 Email: [e-mail] [e-mail] s/ Jared B. Briant Jared B. Briant

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