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

Filing 163

Joint MOTION to Dismiss Comcast Corporation by Beneficial Innovations, Inc.. (Attachments: # 1 Text of Proposed Order)(Adams, Julien)

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Beneficial Innovations, Inc. v. Careerbuilder, LLC et al Doc. 163 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 Comcast Corporation ("Comcast") 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 Comcast in this suit have been resolved, 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 may be provided in any agreements between them. 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: March 4, 2011 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. Dated: Marcy 4, 2011 Respectfully submitted, By: /s/ David J. Silbert David J. Silbert CA State Bar No. 173128 KEKER & VAN NEST, L.L.P. 710 Sansome Street San Francisco, CA 94111-1704 Telephone: 415/391-5400 Facsimile: 415/397-7188 Email: Attorneys for Defendant COMCAST CORPORATION 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 4th day of March, 2011 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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