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

Filing 263

STIPULATION of Dismissal of Western Union Financial Services, Inc. with Prejudice by Actus, LLC. (Attachments: # 1 Text of Proposed Order)(Davis, William)

Case 2:09-cv-00102-TJW Document 263

Filed 03/09/10 Page 1 of 2

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 Western Union Financial Services, Inc., 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 March 3, 2010, with each party to bear its own costs, expenses and attorneys fees. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

Case 2:09-cv-00102-TJW Document 263

Filed 03/09/10 Page 2 of 2

Dated: March 9, 2010 WESTERN UNION FINANCIAL SERVICES, INC. By: /s/ Scott L. McMillan Scott L. McMillan Colorado State Bar No. 40596 Townsend and Townsend and Crew, LLP 1400 Wewatta Street, Suite 600 Denver, Colorado 80202 Phone: [phone] Fax: [phone] Email: [e-mail] ATTORNEY FOR DEFENDANT WESTERN UNION FINANCIAL 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 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 9th day of March, 2010. /s/ William E. Davis, III William E. Davis, III

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