ESN LLC v. Cisco Systems Inc et al

Filing 12

STIPULATION of Dismissal without Prejudice by ESN LLC, Cisco Systems Inc, Cisco-Linksys LLC. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric)

ESN LLC v. Cisco Systems Inc et al

Doc. 12

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ESN, LLC, Plaintiff, v. CISCO SYSTEMS, INC., and CISCO-LINKSYS, LLC, Defendants. STIPULATION OF DISMISSAL WITHOUT PREJUDICE IT IS HEREBY STIPULATED and agreed by and between the parties hereto, Plaintiff ESN, LLC ("ESN") and Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC (collectively "Cisco"), by and through their counsel of record: 1. This action shall be dismissed without prejudice pursuant to Fed. R. Civ. P. 41

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Civil Action No. 5:07-cv-156-DF-CMC

(a)(2) (it being understood that the last sentence of Fed. R. Civ. P. 41 (a)(1) does not, and shall not, apply in a manner that renders this dismissal to be with prejudice) and without costs, and ESN shall have the express right to re-file this action consistent with the terms of this Stipulation seeking the full range of relief, attorneys fees, and costs.

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Respectfully submitted, FOR PLAINTIFF, ESN, LLC:

______________________
Eric M. Albritton Lead Attorney Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone [phone] Facsimile [phone] [e-mail] T. John Ward Jr. Texas State Bar No. 00794818 Ward & Smith Law Firm 111 W. Tyler St. Longview, Texas 75601 Telephone [phone] Facsimile [phone] [e-mail] George P. McAndrews Thomas J. Wimbiscus Peter J. McAndrews McAndrews, Held & Malloy, Ltd. 500 W. Madison Street, 34th Floor Chicago, Illinois 60661 Telephone [phone] Facsimile [phone] [e-mail] Attorneys for Plaintiff ESN, LLC FOR DEFENDANTS, CISCO SYSTEMS, INC. AND CISCO-LINKSYS, LLC

/s/ Garrett W. Chamber______
Garrett W. Chambers MCKOOL SMITH 300 Crescent Court, Suite 1500 Dallas, TX 75201 Telephone [phone] Facsimile (214 978-4044 [e-mail]

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion 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 2nd day of November, 2007.

______________________________ Eric M. Albritton

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