Aloft Media, LLC v. Google, Inc.

Filing 59

Joint MOTION to Dismiss by Google, Inc., Aloft Media, LLC. (Attachments: #1 Text of Proposed Order)(Albritton, Eric)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, vs. GOOGLE INC. Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 6:08-CV-440 JOINT MOTION TO DISMISS Pursuant to Federal Rule of Civil Procedure 41(a)(1), Aloft Media, LLC and Google Inc. jointly move to dismiss all claims brought by Aloft Media LLC with prejudice, and all claims, counterclaims and defenses made by Google Inc. without prejudice. Google Inc. shall retain its ability to assert all defenses and/or claims in the event of any further litigation. Each party is to bear its own costs and attorney fees. Dated this 8th day of September, 2009. Respectfully submitted, ALOFT MEDIA, LLC By its Attorneys ______________________ Eric M. Albritton Albritton Law Firm P.O. Box 2649 Longview, Texas 75606 Phone: 903-757-8449 Fax: 903-758-7397 GOOGLE INC. By its attorneys /s/ Michael E. Jones Michael E. Jones State Bar No. 10929400 Allen F. Gardner State Bar No. 24043679 POTTER MINTON A Professional Corporation 110 N. College, Suite 500 (75702) Tyler, Texas 75710 Telephone: (903) 597-8311 Facsimile: (903) 593-0846 Robert F. Perry Scott T. Weingaertner Christopher C. Carnaval KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 Telephone: (212) 556-2100 Facsimile: (212) 556-2222 ATTORNEYS FOR DEFENDANT GOOGLE INC. Page | 2 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, on this the 8th day of September, 2009. _______________________________ Eric M. Albritton Page | 3

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