Actus, LLC v. Bank of America Corp. et al

Filing 159

Joint MOTION to Dismiss With Prejudice by Actus, LLC. (Attachments: # 1 Text of Proposed Order)(Davis, William)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ACTUS, LLC, Plaintiff, v. BANK OF AMERICA CORP., et al. Defendants. STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE The plaintiff, Actus LLC and defendant WildTangent, Inc., pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby move for an order dismissing all claims in this action WITH PREJUDICE and dismissing all counterclaims as MOOT, subject to the terms of that certain agreement entitled "SETTLEMENT AND LICENSE AGREEMENT" and dated July 22, 2009, with each party to bear its own costs, expenses and attorneys fees. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

Dated: August 3, 2009

Respectfully Submitted,

WILDTANGENT, INC. By: /s/ Jose Villareal Jose C. Villarreal (Lead Attorney) Texas State Bar No. 24003113 Wilson, Sonsini, Goodrich & Rosati, PC 900 South Capital of Texas Highway Las Cimas IV, Fifth Floor Austin, Texas 78746-5546 Telephone: [phone] Facsimile: 512.338.5499 Email: [e-mail] ATTORNEYS FOR DEFENDANT WILDTANGENT, INC.

ACTUS, LLC By: /s/ William E. "Bo" Davis, III William E. "Bo" Davis III Texas State Bar No. 24047416 The Davis Firm, PC 111 West Tyler Street Longview, Texas 75601 Phone: [phone] Fax: [phone] Email: [e-mail] ATTORNEY FOR PLAINTIFF ACTUS, LLC

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic served were served with a true and correct copy of the foregoing by email, on this the 3rd day of August, 2009. /s/ William E. "Bo" Davis, III William E. "Bo" Davis, III

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