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

Filing 179

ORDER granting 178 Motion to Dismiss. All claims asserted between plaintiff and dft AWS Convergence, are hereby dismissed with prejudice as follows. All costs are assessed against the party who incurred them. Signed by Magistrate Judge Charles Everingham on 2/10/2011. (ch, )

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.

ORDER OF DISMISSAL
The Court, having read and considered the Joint Motion to Dismiss of Plaintiff
SimpleAir, Inc. (“SimpleAir”) and Defendant AWS Convergence Technologies, Inc. (“AWS
Convergence”), and good cause appearing, hereby GRANTS the motion and it is hereby:
ORDERED, ADJUDGED AND DECREED that all claims asserted in this suit by
Plaintiff SimpleAir against Defendant AWS Convergence, and all counterclaims asserted by
Defendant AWS Convergence, are hereby dismissed 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.
It is further ORDERED that all costs are assessed against the party who incurred them.

SIGNED this 10th day of February, 2011.

___________________________________
CHARLES EVERINGHAM IV
UNITED STATES MAGISTRATE JUDGE

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