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

Filing 250

STIPULATION of Dismissal of Disney Gift Card Services, 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, Disney Gift Card Services, Inc., ("Disney"), pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby respectfully move the Court for an order dismissing all claims in this action WITH PREJUDICE and dismissing any counterclaims as MOOT, subject to the terms of that certain agreement entitled SETTLEMENT AGREEMENT and dated February 5, 2010, with each party to bear its own costs, expenses and attorneys fees. Dated: February 12, 2010 DISNEY GIFT CARD SERVICES, INC. By: /s/ Robert Christopher Bunt Robert Christopher Bunt State Bar No. 00787165 Parker, Bunt & Ainsworth, PC 100 East Ferguson, Suite 1114 Tyler, Texas 75702 Telephone: [phone] Facsimile: 903-533-9687 Email: [e-mail] ATTORNEY FOR DEFENDANT DISNEY GIFT CARD SERVICES, 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 12th day of February, 2010. /s/ William E. Davis, III William E. Davis, III

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