21 srl v. Apple Inc. et al

Filing 34

MOTION by Plaintiff 21 srl, Defendant Apple Inc. for order of dismissal with prejudice re Apple Inc. (Attachments: # 1 Text of Proposed Order)(Niro, Raymond)

21 srl v. Apple Inc. et al

Doc. 34

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION 21 srl, Plaintiff, v. APPLE INC., CDW CORPORATION, OFFICEMAX INCORPORATED and WALGREEN CO., Defendants. JOINT MOTION FOR ENTRY OF ORDER OF DISMISSAL WITH PREJUDICE Plaintiff 21 srl and Defendant Apple, Inc. have entered into a Settlement and License Agreement and have agreed to a compromise and settlement of this Civil Action and all claims, defenses and counterclaims that were or could have been brought in this Civil Action between 21 srl and Apple, Inc. No claims are dismissed as to any other Defendant. Therefore, on the basis of the settlement reached, 21 srl and Apple, Inc. jointly move the Court to enter the attached Order of Dismissal with Prejudice, which will be submitted to the Court via email pursuant to the procedures for electronic filing. Respectfully submitted, /s/ Raymond P. Niro, Jr. Raymond P. Niro Raymond P. Niro, Jr. Anna B. Folgers Brian E. Haan NIRO, SCAVONE, HALLER & NIRO 181 West Madison, Suite 4600 Chicago, Illinois 60602 [phone] Attorneys for Plaintiff 21 srl Attorneys for Defendant Apple, Inc. /s/ David A. Nelson signed with permission David A. Nelson Tigran Vardanian Neel U. Sukhatme LATHAM & WATKINS LLP 233 South Wacker Drive Sears Tower, Suite 5800 Chicago, Illinois 60606 [phone] Civil Action No. 1:08cv7350 Judge Gottschall Magistrate-Judge Cox

Dockets.Justia.com

CERTIFICATE OF SERVICE I hereby certify that on February 6, 2009, I caused the foregoing JOINT MOTION FOR ENTRY OF DISMISSAL WITH PREJUDICE to be electronically filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to counsel of record: Counsel for Apple David A. Nelson Tigran Vardanian Neel U. Sukhatme LATHAM & WATKINS LLP 233 South Wacker Drive Sears Tower, Suite 5800 Chicago, Illinois 60606 [e-mail] [e-mail] [e-mail] Counsel for OfficeMax John S. Letchinger Robert L. Wagner WILDMAN, HARROLD, ALLEN & DIXON LLP 225 West Wacker Drive Chicago, IL 60606 [e-mail] [e-mail] I also certify that on this date I caused a copy of the Order of Dismissal with Prejudice to be submitted to Judge Gottschall and copied to the above-listed counsel via electronic transmission. /s/ Raymond P. Niro, Jr. Raymond P. Niro, Jr. NIRO, SCAVONE, HALLER & NIRO Attorney for Plaintiff Counsel for CDW Thomas L. Duston Anthony S. Gabrielson MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago, IL 60606-6357 [e-mail] [e-mail]