Aloft Media, LLC v. Oracle Corporation et al

Filing 75

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

Case 6:09-cv-00304-LED Document 75

Filed 03/11/10 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC PLAINTIFF, v. ORACLE CORPORATION, ET AL., DEFENDANTS. § § § § § Civil Action No. 6:09-CV-0304-LED § § § § §

STIPULATED MOTION FOR DISMISSAL Pursuant to Fed. R. Civ. P. 41, Plaintiff Aloft Media LLC, by and through its counsel of record, hereby dismisses with prejudice all claims asserted by it against SAP AG and SAP America, Inc. in Case No. 6:09-cv-304 captioned above. Also pursuant to the provisions of Fed. R. Civ. P. 41, Defendants SAP AG and SAP America, Inc. hereby dismiss with prejudice all counterclaims asserted by it against Aloft Media LLC in the above referenced cause. Each side will bear its own fees and costs. Respectfully Submitted,

_______________________________ Eric M. Albritton Texas State Bar No. 00790215 Adam A. Biggs Texas State Bar No. 24051753 Matthew C. Harris Texas State Bar no. 24059904 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone]

Case 6:09-cv-00304-LED Document 75

Filed 03/11/10 Page 2 of 2

Facsimile: [phone] [e-mail] [e-mail] [e-mail] Counsel for Plaintiff

_/s/ David J. Healey_____________________ (with permission by Eric M. Albritton) David J. Healey (Texas Bar No. 09327980) Lead Attorney Benjamin C. Elacqua (Texas Bar No. 24055443) FISH & RICHARDSON P.C. One Houston Center ­ 28th Floor 1221 McKinney Houston, TX 77010 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Counsel for SAP AG and SAP America, Inc.

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 and/or fax, on this the 11th day of March, 2010.

____________________________________ Eric M. Albritton

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