Aloft Media, LLC v. Yahoo! Inc. et al

Filing 35

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

Aloft Media, LLC v. Yahoo! Inc. et al

Doc. 35

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, v. YAHOO!, INC., GOOGLE, INC. and AOL LLC Defendant. § § § § § § § § § §

Civil Action No. 6:08-cv-509 JURY TRIAL DEMANDED

JOINT MOTION TO DISMISS Pursuant to Federal Rule of Civil Procedure 41(a)(1), Aloft Media LLC and AOL LLC jointly move to dismiss all claims between them in this action with prejudice pursuant to the Agreement reached by the parties. AOL LLC 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. Respectfully submitted,

Eric M. Albritton Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 [phone] (phone) [phone] (fax) [e-mail] COUNSEL FOR PLAINTIFF

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Dockets.Justia.com

AOL LLC By their attorneys /s/ Eric H. Findlay (with permission) Eric H. Findlay FINDLAY CRAFT 6760 Old Jacksonville Hwy Ste 101 Tyler, TX 75703 Phone: [phone] Fax: [phone] [e-mail] Robert L. Burns FINNEGAN HENDERSON FARABOW GARRETT & DUNNER, LLP Two Freedom Square 11955 Freedom Dr. Reston, VA 20190 Phone: [phone] Fax: [phone] Gerald F. Ivey C. Brandon Rash John Williamson FINNEGAN HENDERSON FARABOW GARRETT & DUNNER, LLP 901 New York Ave., NW Washington, DC 20001 Phone: [phone] Fax: [phone] Attorneys for Defendant AOL LLC

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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 3rd day of April, 2009. _____________________________ Eric M. Albritton

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