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

Filing 208

STIPULATION of Dismissal of Google, Inc. by Actus, LLC. (Attachments: # 1 Text of Proposed Order)(Davis, William)

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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 Google, Inc. ("Google"), pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), (a)(2) and (c), hereby move for an order dismissing Plaintiff's claims in this action against Defendant Google, Inc. WITH PREJUDICE, with each Party to bear its own costs, expenses and attorneys fees. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED Dated: October 16, 2009 GOOGLE, INC. By: /s/ Harry L. Gillam, Jr. Harry L. Gillam, Jr. State Bar No. 07921800 Melissa R. Smith State Bar No. 24001351 GILLAM & SMITH, L.L.P. 303 South Washington Avenue Marshall, Texas 75670 Telephone: (903) 934-8450 Facsimile: (903) 934-9257 gil@gillamsmithlaw.com melissa@gillamsmithlaw.com ATTORNEYS FOR DEFENDANT GOOGLE, INC. Respectfully Submitted, ACTUS, LLC By: /s/ William E. Davis, III William E. Davis III Texas State Bar No. 24047416 The Davis Firm, PC 111 West Tyler Street Longview, Texas 75601 Phone: 903-230-9090 Fax: 903-230-9661 Email: bdavis@bdavisfirm.com 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 16th day of October, 2009. /s/ William E. Davis, III William E. Davis, III 2

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