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

Filing 62

***REPLACES # 61 ***Joint MOTION to Dismiss Digg, Inc. by Beneficial Innovations, Inc.. (Attachments: # 1 Text of Proposed Order)(Adams, Julien) Modified on 11/9/2009 (ch, ).

Download PDF
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 Digg Inc. 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 Digg Inc. 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. // // // // 1 Dated: November __, 2009 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: (903) 236-9800 Facsimile: (903) 236-8787 Email: Email: Robert Christopher Bunt State Bar No. 00787165 Email: Robert M Parker State Bar No. 15498000 Email: Parker & Bunt, P.C. 100 East Ferguson, Ste. 1114 Tyler, TX 75702 Telephone: 903/531-3535 Facsimile: 903/533-9687 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. 2 By: /s/ Byron Cooper Byron Cooper Goodwin Procter LLP 135 Commonwealth Dr. Menlo Park, CA 94025 Telephone: 650-752-3100 Facsimile: 650-853-1038 ATTORNEYS FOR DEFENDANT DIGG INC. 3 CERTIFICATE OF SERVICE I hereby certify that all counsel of record who are deemed to have consented to electronic service are being served this 6th day of November, 2009 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 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?