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

Filing 178

Joint MOTION to Dismiss Claims and Counterclaims between Plaintiff SimpleAir & Defendant AWS Convergence 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,
v.

JURY DEMANDED

AWS CONVERGENCE TECHNOLOGIES,
INC., ET AL.,
Defendants.

JOINT MOTION TO DISMISS
Plaintiff SimpleAir, Inc. (“SimpleAir”) and Defendant AWS Convergence Technologies,
Inc. (“AWS Convergence”), having entered a settlement and license agreement, hereby jointly
move the Court to dismiss all claims and counterclaims asserted between these two parties as
follows:
(a) with prejudice as to SimpleAir’s right to assert any such claims in the future as to the
products licensed under the parties’ settlement and license agreement;
(b) with prejudice as to AWS Convergence’s right to assert any such counterclaims in the
future, except as provided by the parties’ settlement and license agreement; and
(c) without prejudice as to all other claims or counterclaims, as provided by the parties’
settlement agreement.
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
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.

PROSKAUER
By: /s/ Joseph A. Capraro, Jr.
Joseph A. Capraro, Jr.
Kimberly A. Mottley
One International Place
Boston, MA 02110
Tel.: [phone]
Fax.: [phone]
[e-mail]
[e-mail]
Jennifer Parker Ainsworth
Wilson Robertson & Cornelius PC
909 ESE Loop 323
Suite 400
P.O. Box 7339

Tyler, TX 75711-7339
Tel: [phone]
Fax: [phone]
[e-mail]
ATTORNEYS FOR DEFENDANT AWS
CONVERGENCE TECHNOLOGIES, 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