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

Filing 247

Joint MOTION to Dismiss MasterCard International, Inc. 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 Plaintiff, Actus, LLC ("Actus") and Defendant, MasterCard International, Inc., ("MasterCard"), pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby respectfully move for an order dismissing all claims and counterclaims in this action WITH PREJUDICE, with each party to bear its own costs, expenses and attorneys fees. Dated: February 10, 2010 MASTERCARD INTERNATIONAL, INC. By: /s/ Robert C. Scheinfeld Robert C. Scheinfeld Pro Hac Vice Baker Botts ­ New York 30 Rockefeller Plaza, 44th Floor New York, NY 10112 Telephone: [phone] Facsimile: 212-408-2501 Email: [e-mail] ATTORNEY FOR DEFENDANT MASTERCARD INTERNATIONAL, 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 Telephone: [phone] Facsimile: 903-230-9661 Email: [e-mail] ATTORNEY FOR PLAINTIFF ACTUS, LLC CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

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 10th day of February, 2010. /s/ William E. Davis, III William E. Davis, III

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