Klausner Technologies Inc v. Verizon Wireless et al

Filing 42

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

Klausner Technologies Inc v. Verizon Wireless et al

Doc. 42

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL 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. 6:08-cv-341 (LED) (JURY TRIAL)

JOINT MOTION TO DISMISS NOW COMES Plaintiff Klausner Technologies, Inc. and Defendant PhoneFusion, 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 PhoneFusion, 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.

Dockets.Justia.com

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: October 13, 2008 Respectfully submitted, By: lsi Elizabeth L. DeRieux S. Calvin Capshaw, III State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 N. Claire Abernathy State Bar No. 24053063 CAPSHAW DERIEUX, LLP 1127 Judson Road, Suite 220 Longview, Texas 75601 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Gregory S. Dovel California State Bar No. 135387 Sean A. Luner California State BarNo. 165443 Christin K. Cho California State Bar No. 238173 DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, California 90401 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] ATTORNEYS FOR PLAINTIFF, KLAUSNER TECHNOLOGIES, INC.

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By: lsi Ronald J. Marlowe (signed with permission by Elizabeth L. DeRieux) Ronald J. Marlowe Florida State Bar No. 435971 ARNSTEIN & LEHR LLP Two Harbour Place 302 Knights Run Avenue, Suite 1100 Tampa, Florida 33602-5962 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] ATTORNEYS FOR DEFENDANT, PHONEFUSION, INC. CERTIFICATE OF SERVICE This is to certify that all counsel of record who are deemed to have consented to electronic service are being served this 13th day of October, 2008, with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served via electronic mail, facsimile transmission andlor first class mail on this same date.

lsi Elizabeth L. DeRieux
Elizabeth L. DeRieux

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