Sharing Sound, LLC v. Apple, Inc. et al

Filing 73

NOTICE by Sharing Sound, LLC of Dismissal of Defendant Rhapsody International, Inc. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott)

Sharing Sound, LLC v. Apple, Inc. et al

Doc. 73

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SHARING SOUND, LLC, Plaintiff, v. APPLE, INC., SONY ERICSSON MOBILE COMMUNICATIONS AB, SONY ERICSSON MOBILE COMMUNICATIONS INC., RHAPSODY INTERNATIONAL, INC., NAPSTER, L.L.C. BRILLIANT DIGITAL ENTERTAINMENT, INC., MICROSOFT CORPORATION, Defendants. NOTICE OF DISMISSAL OF DEFENDANT RHAPSODY INTERNATIONAL, INC. Plaintiff, Sharing Sound, LLC ("Sharing Sound") and Defendant Rhapsody International, Inc. ("Rhapsody") have resolved the claims asserted between them. Rhapsody has not yet filed either an answer or a motion for summary judgment. Accordingly, pursuant to Federal Rule of Civil Procedure 41(a), Sharing Sound hereby dismisses with prejudice all claims against Rhapsody. Each party will bear its own costs and attorneys' fees. Case No. 2:10-cv-00162 JURY TRIAL DEMANDED

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Respectfully submitted,

Scott E. Stevens State Bar No. 00792024 Gregory P. Love State Bar No. 24013060 Darrell G. Dotson State Bar No. 24002010 STEVENS LOVE P.O. Box 3427 Longview, Texas 75606 Telephone: (903) 753­6760 Facsimile: (903) 753­6761 [e-mail] [e-mail] [e-mail] Andrew W. Spangler Texas State Bar No. 24041960 Spangler Law, PC 208 N Green St., #300 Longview, TX 75601-7312 Telephone: [phone] Attorneys for Sharing Sound, LLC 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 and/or fax, on this the 7th day of October, 2010. ____________________ Scott E. Stevens