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

Filing 175

MOTION to Dismiss Defendant Careerbuilder, LLC by Beneficial Innovations, Inc.. (Attachments: # 1 Text of Proposed Order)(Adams, Julien)

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.
PLAINTIFF BENEFICIAL INNOVATIONS, INC.’S
MOTION TO DISMISS CAREERBUILDER, LLC.
COMES NOW Plaintiff Beneficial Innovations, Inc., pursuant to Federal Rule of Civil
Procedure Rule 41(a)(1)(A)(i), and respectfully moves the Court to dismiss without prejudice all
claims asserted by Plaintiff Beneficial Innovations, Inc., against Defendant Careerbuilder, LLC
(“Careerbuilder”), and in support thereof would respectfully show the Court as follows:
All matters in controversy between Plaintiff Beneficial Innovations, Inc., and Defendant
Careerbuilder have been settled. Plaintiff Beneficial Innovations, Inc. therefore moves to
dismiss all claims asserted against Careerbuilder without prejudice pursuant to Federal Rule of
Civil Procedure Rule 41(a)(1)(A)(i). Plaintiff Beneficial Innovations, Inc., further moves that all
attorneys fees and costs of court be borne by the party that incurred them.
WHEREFORE, PREMISES CONSIDERED, Plaintiff Beneficial Innovations, Inc. prays
that all claims asserted against Careerbuilder be dismissed without prejudice, with all attorneys’
fees and costs of court being borne by the party that incurred them.

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Dated: January 19, 2012

Respectfully submitted,

By:

/s/ Julien A. Adams
S. Calvin Capshaw
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: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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: [phone]
Facsimile: 310-657-7069

ATTORNEYS FOR PLAINTIFF,
BENEFICIAL INNOVATIONS, INC.

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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 January, 2012 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

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