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

Filing 280

MOTION to Dismiss with Prejudice by Capital One Financial Corporation. (Attachments: # 1 Text of Proposed Order)(Gilstrap, James)

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Actus, LLC v. Bank of America Corp. et al Doc. 280 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. ) ) ) ) ) ) ) ) ) Civil Action No. 2:09-cv-102-TJW JURY TRIAL DEMANDED STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE Plaintiff Actus, LLC and Defendant Capital One Financial Corporation, 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 AND LICENSE AGREEMENT" and dated September 3, 2010, with each party to bear its own costs, expenses and attorneys fees. Dated: September 13, 2010 CAPITAL ONE FINANCIAL CORPORATION By: /s/ J. Rodney Gilstrap J. Rodney Gilstrap Texas State Bar No. 07964200 Smith & Gilstrap P.O. Drawer A Marshall, Texas 75671 Telephone: (903) 938-8321 Facsimile: (903) 938-8331 Brian M. Buroker (admitted pro hac vice) Justin T. Arbes (admitted pro hac vice) Hunton & Williams LLP 1900 K Street NW Washington, DC 20006 Telephone: (202) 955-1894 Facsimile: (202) 778-2201 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: (903) 230-9090 Facsimile: (903) 230-9661 2 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion 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(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 certified mail, return receipt requested, on this the 13th day of September, 2010. /s/ J. Rodney Gilstrap 3

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