Datatern, Inc. v. Bank of America Corporation et al

Filing 138

ORDER granting 133 Motion to Dismiss ;ORDERED, ADJUDGED AND DECREED that all claims and counterclaims asserted in this suit between Plaintiff and Defendants Visa Inc. and Visa USA Inc., are hereby dismissed with prejudice and all counterclaims are dismissed as moot, subject to the terms of that certain agreement entitled SETTTLEMENT AGREEMENT dated October 13, 2008.It is further ORDERED that all attorneys fees and costs are to be borne by the party that incurred them. Signed by Judge David Folsom on October 23, 2008. (rml, )

Case 5:08-cv-00070-DF

Document 133-2

Filed 10/22/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION DATATERN, INC. Plaintiff, v. BANK OF AMERICA CORPORATION, ET AL Defendants. ORDER OF DISMISSAL WITH PREJUDICE In consideration of the parties' Stipulated Motion for Dismissal of all claims prejudice and all counterclaims as moot asserted between plaintiff, DataTern, Inc., and Defendants Visa, Inc. and Visa USA, Inc., the Stipulated Motion for Dismissal is GRANTED, and it is ORDERED, ADJUDGED AND DECREED that all claims and counterclaims asserted in this suit between Plaintiff and Defendants Visa Inc. and Visa USA Inc., are hereby dismissed with Civil Action No. 5:08-CV-00070-DF JURY TRIAL DEMANDED

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prejudice and all counterclaims are dismissed as moot, subject to the terms of that certain agreement entitled "SETTTLEMENT AGREEMENT" dated October 13, 2008. It is further ORDERED that all attorneys' fees and costs are to be borne by the party that incurred them.

SIGNED this 23rd day of October, 2008.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE