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

Filing 191

STIPULATION of Dismissal of Sonic Solutions 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 ("Actus") and defendant, Sonic Solutions ("Sonic"), pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby move for an order dismissing all claims in this action between Actus and Sonic WITH PREJUDICE, subject to the terms of that certain agreement entitled "SETTLEMENT AGREEMENT" and dated August 26, 2009, with each party to bear its own costs, expenses and attorneys fees. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

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Dated: September 9, 2009

Respectfully Submitted,

SONIC SOLUTIONS By: /s/ Jennifer Parker Ainsworth Jennifer Parker Ainsworth Texas State Bar No. 00784720 Wilson Robertson & Cornelius PC 909 ESE Loop 323 Suite 400 P.O. Box 7339 Tyler , TX 75711-7339 Telephone: [phone] Fax: [phone] Email: [e-mail] ATTORNEY FOR DEFENDANT SONIC SOLUTIONS

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 9th day of September, 2009. /s/ William E. "Bo" Davis, III William E. "Bo" Davis, III

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