Wolf v. Brightroom, Inc. et al

Filing 18

STIPULATION of Dismissal as to Defendant DigiLabs ONLY by Peter H. Wolf. (Attachments: # 1 Text of Proposed Order)(Goldstein, Edward)

Wolf v. Brightroom, Inc. et al

Doc. 18

Case 2:07-cv-00238-DF

Document 18

Filed 09/06/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PETER H. WOLF Plaintiff, vs. BRIGHTROOM, INC.; ISLAND PHOTOGRAPHY, INC.; ELIZABETH M. KREUTZ; BIRD'S EYE VIEW, INC.; DIGILABS, INC.; PRINTROOM, INC.; SMUGMUG, INC.; AND HOUR PHOTOS, INC., D/B/A MASTER PHOTOS U.S.A. Defendants. § § § § § § § § § § § § § §

Civil Action No. 2:07-cv-238 Jury Trial Demanded

STIPULATION OF DISMISSAL AS TO DEFENDANT DIGILABS, INC. Plaintiff Peter H. Wolf files this stipulation of dismissal as to Defendant DigiLabs, Inc. ("DigiLabs") under Rule 41(a) of the Federal Rules of Civil Procedure. 1. On June 8, 2007, Plaintiff filed the above-captioned patent infringement action

against DigiLabs and seven other defendants. 2. DigiLabs has not been served with process and has not filed an answer or a

motion for summary judgment. 3. 4. 5. This case is not a class action. A receiver has not been appointed in this action. This case is not governed by any federal statute that requires an order of the court

for dismissal of the case. 6. Plaintiff has not dismissed an action against DigiLabs based on or including the

same claims as those presented in this suit.

Dockets.Justia.com

Case 2:07-cv-00238-DF

Document 18

Filed 09/06/2007

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7. 8.

This dismissal as to DigiLabs is with prejudice. This dismissal applies to DigiLabs only and not to any other defendant. Respectfully submitted,

Date: August 27, 2007

/s/ Edward W. Goldstein_____________ Edward W. Goldstein Texas Bar No. 08099500 Matthew J. M. Prebeg Texas Bar No. 00791465 GOLDSTEIN, FAUCETT & PREBEG L.L.P 1177 West Loop South, Suite 400 Houston, Texas 77027 [phone] ­ Telephone [phone] ­ Facsimile E-mail: [e-mail] E-mail: [e-mail] WARD AND SMITH LAW FIRM T. John Ward, Jr. State Bar No. 00794818 111 West Tyler Street Longview, Texas 75601 [phone] - Telephone [phone] - Facsimile E-mail: [e-mail] ATTORNEYS FOR PLAINTIFF

Of Counsel: GOLDSTEIN & FAUCETT L.L.P Michael J. Collins Texas Bar No. 04614510 1177 West Loop South, Suite 400 Houston, Texas 77027 [phone] ­ Telephone [phone] ­ Facsimile E-mail: [e-mail]

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Case 2:07-cv-00238-DF

Document 18

Filed 09/06/2007

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CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on September 6, 2007. Any other counsel of record will be served by first class U.S. mail. /s/ Edward W. Goldstein_____ Edward W. Goldstein

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