Beneficial Innovations, Inc. v. Careerbuilder, LLC et al

Filing 113

Joint MOTION to Dismiss The Dallas Morning News, Inc. by Beneficial Innovations, Inc.. (Attachments: # 1 Text of Proposed Order)(Adams, Julien)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BENEFICIAL INNOVATIONS, INC., Plaintiff, CASE NO. 2:09-cv-175 (TJW) vs. Jury Trial Demanded COMCAST CORPORATION ET AL., Defendants. JOINT MOTION TO DISMISS NOW COMES the Plaintiff Beneficial Innovations, Inc. and Defendant The Dallas Morning News, Inc. ("TDMN") and respectfully move the Court to dismiss the claims between them, and in support thereof would respectfully show the Court as follows: All matters in controversy between Beneficial Innovations, Inc. and TDMN in this suit have been settled and compromised, and these parties therefore jointly move to dismiss all claims asserted between them, with prejudice to the right to pursue any such claims in the future except as provided in the parties' settlement agreement. These parties further move that all costs of court be assessed against the party who incurred them. WHEREFORE, PREMISES CONSIDERED, these parties jointly pray that their claims against each other be dismissed with prejudice, with all costs of court being assessed against the party who incurred them. Dated: February 19, 2010 Respectfully submitted, By: /s/ Julien A. Adams S. Calvin Capshaw 1 State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 Brown McCarroll, L.L.P. 1127 Judson Road, Suite 220 Longview, TX 75601 Telephone: (903) 236-9800 Facsimile: (903) 236-8787 Email: Email: Of Counsel: Gregory S. Dovel CA State Bar No. 135387 Julien Adams CA State Bar No. 156135 Dovel & Luner, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: 310-656-7066 Facsimile: 310-657-7069 ATTORNEYS FOR PLAINTIFF, BENEFICIAL INNOVATIONS, INC. By: /s/ Steven Malin Sidley Austin Brown & Wood 717 North Harwood Suite 3400 Dallas, Tx 75201 214-981-3386 ATTORNEYS FOR DEFENDANT THE DALLAS MORNING NEWS, INC. 2 CERTIFICATE OF SERVICE I hereby certify that all counsel of record who are deemed to have consented to electronic service are being served this 19th day of February, 2010 with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). /s/ Julien A. Adams Julien A. Adams 3

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