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)

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

Doc. 280 Att. 1

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

ORDER OF DISMISSAL WITH PREJUDICE In consideration of the parties' Stipulated Motion for Dismissal of all claims with prejudice and all counterclaims as moot asserted between Plaintiff Actus, LLC and Defendant Capital One Financial Corporation, the Stipulated Motion for Dismissal is GRANTED, and it is ORDERED, ADJUDGED AND DECREED that all claims asserted in this suit between Plaintiff and Defendant are hereby dismissed with prejudice and all counterclaims are dismissed as moot, subject to the terms of that certain agreement entitled "SETTLEMENT AND LICENSE AGREEMENT" dated September 3, 2010. It is further ORDERED that all attorneys' fees and costs are to be borne by the party that incurred them.

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