SimpleAir, Inc. v. AWS Convergence Technologies, Inc. et al

Filing 177

Joint MOTION to Dismiss Claims and Counterclaims as Between Plaintiff SimpleAir and Defendant Facebook by SimpleAir, Inc.. (Attachments: # 1 Text of Proposed Order)(Eichmann, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

SIMPLEAIR, INC.,

Civil Action No. 2:09-cv-289 (CE)

Plaintiff,
JURY DEMANDED
v.
AWS CONVERGENCE TECHNOLOGIES,
INC., ET AL.,
Defendants.

JOINT MOTION TO DISMISS BETWEEN
SIMPLEAIR, INC. AND DEFENDANT FACEBOOK, INC.
Plaintiff SimpleAir, Inc. (“SimpleAir”) and Defendant Facebook, Inc. (“Facebook”),
hereby jointly move the Court to dismiss all claims of SimpleAir asserted against Facebook with
prejudice and all counterclaims asserted by Facebook without prejudice.
The parties further move that all costs be assessed against the party who incurred them.
A proposed order is attached.
Dated: February 7, 2011

Respectfully submitted,
By: /s/ Jeff Eichmann
John Jeffrey Eichmann
CA State Bar No. 227472 (admitted to
practice in the Eastern District of Texas)
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: 310-657-7069
Email: [e-mail]
S. Calvin Capshaw
State Bar No. 03783900
Elizabeth L. DeRieux
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State Bar No. 05770585
CAPSHAW DERIEUX LLP
1127 Judson Road, Suite 220
Longview, TX 75601
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
ATTORNEYS FOR PLAINTIFF
SIMPLEAIR, INC.

By: /s/ Mark R. Weinstein
Mark Weinstein. (CA Bar No. 193043)
COOLEY LLP
3175 Hanover Street
Palo Alto, CA 94304
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Deron R. Dacus (State Bar No. 00790553)
RAMEY & FLOCK, P.C.
100 E. Ferguson, Suite 500
Tyler, Texas 75702
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Defendant and
Counterclaimant FACEBOOK, INC.

Certificate of Service
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are
deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R.
Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have
consented to electronic service were served with a true and correct copy of the foregoing by
email, on this the 7th day of February, 2011.
/s/ Jeff Eichmann
John Jeffrey Eichmann

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