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

Filing 224

STIPULATION of Dismissal of JP Morgan Chase & Co. 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, JPMorgan Chase & Co., 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 AGREEMENT" and dated October 30, 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: November 10, 2009 J P M O R G AN CHASE & CO. By: /s/ Herbert A. Yarbrough, III Herbert A. Yarbrough, III Texas State Bar No. 22133500 Yarbrough & Wilcox, PLLC 100 East Ferguson, Suite 1015 Tyler, Texas 75702 Phone: [phone] Fax: [phone] Email: [e-mail] ATTORNEY FOR DEFENDANT JPMORGAN CHASE & CO.

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: [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 10th day of November, 2009. /s/ William E. Davis, III William E. Davis, III

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