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

Filing 584

Joint MOTION to Dismiss Claims and Counterclaims between SimpleAir and Apple by SimpleAir, Inc.. (Attachments: # 1 Text of Proposed Order proposed order of dismissal)(Eichmann, John) (Entered: 05/24/2012)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
SIMPLEAIR, INC.,
Civil Action No. 2:09-cv-289 MHS
Plaintiff,
v.
AWS CONVERGENCE TECHNOLOGIES,
INC. ET. AL
Defendants.

JOINT MOTION TO DISMISS
Plaintiff SimpleAir, Inc. and Defendant Apple Inc. have finalized documentation of their
settlement, entering a confidential Settlement and License Agreement dated May 16, 2012.
Pursuant to Federal Rule of Civil Procedure 41(a)(2) and the parties’ agreement, the parties
jointly move for an order dismissing with prejudice all claims and counterclaims asserted
between them. The parties further move that all costs and attorneys fee shall be borne by the
party that incurred them and that this Court retain jurisdiction to enforce, interpret, or resolve any
dispute arising out of or relating in any way to these parties’ Settlement and License Agreement.
A proposed order is attached.
Dated: May 24, 2012

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
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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.

/s/ Adam R. Alper
Adam R. Alper
[e-mail]
Ryan J. Casamiquela
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street, Floor 24
San Francisco, California 94104
Telephone: [phone]
Facsmile: [phone]
Gregory S. Arovas
[e-mail]
KIRKLAND & ELLIS LLP
Citigroup Center 153 East 53rd Street
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
Michael W. De Vries
[e-mail]
KIRKLAND & ELLIS LLP
333 South Hope Street
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Eric M. Albritton

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Texas State Bar No. 00790215
[e-mail]
Stephen E. Edwards
Texas State Bar No. 00784008
[e-mail]
ALBRITTON LAW FIRM
P.O. Box 2649
Longview, Texas 75606
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR DEFENDANT
APPLE 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 24th day of May, 2012.
/s/ Jeff Eichmann
John Jeffrey Eichmann

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