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

Filing 99

Joint MOTION to Dismiss without prejudice claims between SimpleAir and Handango 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.,
Plaintiff,

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

v.
AWS CONVERGENCE TECHNOLOGIES,
INC.; THE WEATHER CHANNEL
INTERACTIVE, INC.; APPLE, INC.;
RESEARCH IN MOTION CORPORATION;
RESEARCH IN MOTION LIMITED;
FACEBOOK, INC.; ESPN, INC.; DISNEY
ONLINE; THE WALT DISNEY COMPANY;
ABC, INC.; HANDANGO, INC.; AND
HANDMARK, INC.,
Defendants.

JOINT MOTION FOR DISMISSAL WITHOUT PREJUDICE
Plaintiff SimpleAir, Inc. (“SimpleAir”) and Defendant Handango, Inc. (“Handango”)
jointly file this Motion for Dismissal without Prejudice. SimpleAir has agreed to dismiss all
claims asserted against Handango in this case without prejudice, and Handango has agreed to
dismiss all counterclaims asserted against SimpleAir without prejudice. Accordingly, pursuant
to Federal Rule of Civil Procedure 41(a)(1), SimpleAir and Handango jointly move the Court to
dismiss without prejudice all of the claims asserted against each other in this case. These parties
stipulate that they shall bear their own attorneys’ fees, expenses, and costs. A proposed order
granting the dismissal is attached.

Dated: April 14, 2010

Respectfully submitted,
By: /s/ Jeff Eichmann
Gregory S. Dovel
CA State Bar No. 135387
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John Jeffrey Eichmann
CA State Bar No. 227472
Dovel & Luner, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: 310-657-7069
Email: [e-mail]
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.

By: /s/ Thomas H. Reger II
Thomas H. Reger II
Texas State Bar No. 24032992
Fish & Richardson P.C.
1717 Main Street, Suite 5000
Dallas, Texas 75201
[phone] (main)
[phone] (fax)
[e-mail]
Matthew K. Wernli
Texas State Bar No. 24056512
Fish & Richardson, P.C.
One Congress Plaza
111 Congress Avenue, Suite 810
Austin, Texas 78701
[phone]
[phone] (fax)
[e-mail]

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ATTORNEYS FOR DEFENDANT,
HANDANGO, 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 14th day of April, 2010.
/s/ Jeff Eichmann
John Jeffrey Eichmann

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