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

Filing 245

STIPULATION of Dismissal of Vivendi Universal U.S. Holding Co. and Vivendi Universal, SA 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 defendants Vivendi Universal U.S. Holding Co. and Vivendi Universal, SA, 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 and pending motions between the parties as MOOT, subject to the terms of that certain agreement entitled "SETTLEMENT AGREEMENT" and dated January 8, 2010, with each party to bear its own costs, expenses and attorneys fees. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

Dated: January 22, 2010 VIVENDI UNIVERSAL U.S. HOLDING CO. AND VIVENDI UNIVERSAL, SA By: /s/ Aaron A. Barlow Aaron A. Barlow Bar No. 6200865 Jenner & Block, LLP 353 N. Clark Street Chicago, Illinois 60654 Phone: [phone] Fax: [phone] Email: [e-mail] ATTORNEY FOR DEFENDANTS VIVENDI UNIVERSAL U.S. HOLDING CO. AND VIVENDI UNIVERSAL, SA

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 service were served with a true and correct copy of the foregoing by email, on this the 22nd day of January, 2010. /s/ William E. Davis, III William E. Davis, III

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