Klausner Technologies Inc v. Verizon Wireless et al

Filing 127

Agreed MOTION to Dismiss by Klausner Technologies Inc. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)

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Klausner Technologies Inc v. Verizon Wireless et al Doc. 127 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION KLAUSNER TECHNOLOGIES, INC., a New York corporation, Plaintiff, vs. Verizon Wireless (Cell co Partnership d/b/a Verizon Wireless), a Delaware general partnership; Verizon Data Services LLC, a Delaware limited liability company; Bell Atlantic Communications, Inc., a Delaware corporation; Citrix Systems, Inc., a Delaware corporation; Comverse, Inc., a Delaware corporation; Cox Communications, Inc., a Delaware corporation; Embarq Communications, Inc., a Delaware corporation; Google Inc., a Delaware corporation; GrandCentral Communications, Inc., a Delaware corporation; LG Electronics Mobilecomm U.S.A., Inc., a California Corporation; PhoneFusion, Inc., a Delaware corporation; RingCentral, Inc., a California Corporation, Defendants. Case No. 6-08cv-341 (JURY TRIAL) AGREED MOTION TO DISMISS NOW COMES the Plaintiff Klausner Technologies, Inc., on the one hand, and Defendants Google, Inc. and GrandCentral Communications, Inc. (collectively "Google"), on the other hand, and respectfully move the Court to dismiss this cause of action between them, and in support thereof would respectfully show the Court as follows: All matters in controversy between Klausner Technologies, Inc. and Google have been settled and compromised, and these parties therefore jointly move to dismiss all causes of action asserted or which could have been asserted in this suit, with prejudice to the right to pursue any Dockets.Justia.com such claims in the future. These parties further move that all costs of court be assessed against the party who incurred them. WHEREFORE, PREMISES CONSIDERED, these parties jointly pray that this action be dismissed with prejudice between them, with all costs of court being assessed against the party who incurred them. Dated: March 6, 2009 Respectfully submitted, By: lsi Elizabeth L. DeRieux S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 Brown McCarroll, L.L.P. 1127 Judson Road, Suite 220 Longview, TX 75601 Telephone: (903) 236-9800 Facsimile: (903) 236-8787 Email: ccapshaw@mailbmc.com Email: ederieux@mailbmc.com Gregory S. Dovel State Bar No. 135387 Sean A. Luner State Bar No. 165443 Dovel & Luner, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: 310-656-7066 Facsimile: 310-657-7069 Email: greg@dovellaw.com ATTORNEYS FOR PLAINTIFF, KLAUSNER TECHNOLOGIES, INC. 2 CERTIFICATE OF SERVICE I hereby certify that counsel of record who are deemed to have consented to electronic service are being served this 6th day of March, 2009, with a copy of this document via the Court's CMlECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission andlor first class mail on this same date. lsi Elizabeth L. DeRieux Elizabeth L. DeRieux 3

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