Cellect LLC v. HTC America, Inc.

Filing 47

ORDER re 43 Motion to Dismiss for Lack of Jurisdiction. All present claims and counterclaims are dismissed without prejudice. By Judge Christine M. Arguello on 06/06/2014. (athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 13-cv-02604-CMA-KLM CELLECT, LLC, a Colorado limited liability company, Plaintiff, v. HTC AMERICA, INC., a Washington corporation, Defendant. ORDER DISMISSING ALL CLAIMS WITHOUT PREJDUICE This matter is before the Court on Plaintiff’s Motion to Dismiss All Claims and Counterclaims Without Prejudice for Lack of Subject Matter Jurisdiction. (Doc. # 43) Plaintiff has executed a Release and Covenant Not to Assert (Doc. # 43-1), which divests this Court of subject-matter jurisdiction, as it has eliminated any case or controversy under Article III of the United States Constitution. Accord Intellectual Prop. Dev., Inc. v. TCI Cablevision of California, Inc., 248 F.3d 1333, 1342 (Fed. Cir. 2001). Accordingly, it is ordered that all present claims and counterclaims are DISMISSED WITHOUT PREJUDICE. DATED: June 6, 2014 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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