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

Filing 196

STIPULATION of Dismissal of Bank of America 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 Bank of America Corporation ("BOA"), pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby move for an order dismissing Plaintiff's claims in this action against Defendant Bank of America Corporation WITH PREJUDICE and dismissing all counterclaims and pending motions between the parties as MOOT, subject to the terms of that certain agreement entitled "BANK OF AMERICA SETTLEMENT AGREEMENT" and dated August 31, 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: September 11, 2009 BANK OF AMERICA CORPORATION By: /s/ David G. Wille David G. Wille Texas State Bar No. 00785250 BAKER BOTTS L.L.P. 2001 Ross Avenue Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEY FOR DEFENDANT BANK OF AMERICA CORPORATION

Respectfully Submitted, 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 service were served with a true and correct copy of the foregoing by email, on this the 11th day of September, 2009. /s/ William E. "Bo" Davis, III William E. "Bo" Davis, III

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