McAfee, Inc v. Wilmer, Cutler, Pickering, Hale and Dorr, LLP

Filing 35

McAfee, Inc v. Wilmer, Cutler, Pickering, Hale and Dorr, LLP

Doc. 35

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION MCAFEE, INC., Plaintiff, v. WILMER CUTLER PICKERING HALE AND DORR LLP, Defendant. § § § § § § § § § §

Civil Action No. 4:08-CV-160

DEFENDANT WILMER CUTLER PICKERING HALE AND DORR'S NOTICE OF WITHDRAWAL OF SUPERSEDED MOTION TO DISMISS The Court's July 1, 2008 Order granting leave for plaintiff to file a Third Amended Complaint (Dkt. #27) mooted WilmerHale's original motion to dismiss the prior complaint (Dkt. #7). Although there is authority permitting a movant to request that the court rule on a pending motion to dismiss despite the filing of a new complaint, WilmerHale believes that the better course here is to provide the Court with one set of motion papers directed at the operative complaint, especially since plaintiff has dropped what had been its lead claim (equitable subrogation) and has added a new one (assumpsit). WilmerHale therefore withdraws its pending motion to dismiss as superseded, which should help clarify the procedural posture of the case. Pursuant to Fed. R. Civ. P. 15(a)(3), WilmerHale timely will move to dismiss

Plaintiff's Third Amended Complaint by July 16, 2008.

Dockets.Justia.com

Dated: July 14, 2008 Of Counsel: Shawn M. Bates State Bar No. 24027287 Yetter, Warden & Coleman, L.L.P. 909 Fannin, Suite 3600 Houston, Texas 77010 [phone] [phone] (Fax) Gerson A. Zweifach Williams & Connolly LLP 725 Twelfth St., N.W. Washington, D.C. 20005 202-434-5534 202-434-5029 (Fax)

Respectfully submitted, /s/ R. Paul Yetter R. Paul Yetter State Bar No. 22154700 Yetter, Warden & Coleman, L.L.P. 909 Fannin, Suite 3600 Houston, Texas 77010 [phone] [phone] (Fax) Attorney-in-Charge for Defendant Wilmer Cutler Pickering Hale and Dorr LLP

Certificate of Service I certify on this 14th day of July, 2008, a true copy of this notice was filed and served electronically on all counsel of record by e-filing and/or facsimile. /s/ Shawn M. Bates Shawn M. Bates

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