Klausner Technologies Inc v. Verizon Wireless et al

Filing 143

Joint MOTION to Dismiss (Motion to Dismiss Embarq Communiations, Inc.) by Klausner Technologies Inc, Embarq Communications Inc. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)

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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 (Cellco 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. 6:08-cv-341 (LED) (JURY TRIAL) MOTION TO DISMISS NOW COMES the Plaintiff Klausner Technologies, Inc. and Defendant Embarq Communications, Inc., 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 Embarq Communications, Inc. 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 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: August 10, 2009 Respectfully submitted, By: /s/ Elizabeth L. DeRieux S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 Capshaw DeRieux L.L.P. 1127 Judson Road, Suite 220 Longview, Texas 75601 Telephone: (903) 236-9800 Facsimile: (903) 236-8787 E-mail: ccapshaw@capshawlaw.com E-mail: ederieux@capshawlaw.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 E-mail: greg@dovellaw.com E-mail: luner@dovellaw.com ATTORNEYS FOR PLAINTIFF, KLAUSNER TECHNOLOGIES, INC. -2- By: /s/ Mark C. Nelson by permission ELD Mark Christopher Nelson State Bar No. 00793361 Darin Wilson Deaver State Bar No. 24040779 Sonnenschein Nath & Rosenthal, LLP Dallas 2000 McKinney Avenue, Suite 1900 Dallas, Texas 75201 Telephone: (214) 259-0900 Facsimile: (214) 259-0910 E-mail: mcnelson@sonnenschein.com E-mail: ddeaver@sonnenschein.com ATTORNEYS FOR DEFENDANT EMBARQ COMMUNICATIONS, INC. CERTIFICATE OF SERVICE I hereby certify that a copy of 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) on this 10th day of August, 2009. /s/ Elizabeth L. DeRieux -3-

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