Parallel Networks, LLC v. Adidas America, Inc. et al

Filing 372

STIPULATION of Dismissal of Defendant Motorola Trademark Holdings, LLC Without Prejudice by Parallel Networks, LLC. (Attachments: #1 Text of Proposed Order)(Tadlock, Charles)

Parallel Networks, LLC v. Adidas America, Inc. et al

Doc. 372

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Parallel Networks, LLC, Plaintiff, v. Adidas America, Inc. et al. Defendants AGREED STIPULATION FOR DISMISSAL OF DEFENDANT MOTOROLA TRADEMARK HOLDINGS, LLC WITHOUT PREJUDICE Plaintiff Parallel Networks, LLC ("Plaintiff"), and Defendants Motorola, Inc. and Motorola Trademark Holdings, LLC (collectively "Motorola") respectfully submit the following: 1. 2. On September 23, 2010, Plaintiff filed suit against Defendants Motorola. Defendant Motorola Trademark Holdings, LLC has filed an answer, but has not yet filed any counterclaims. 3. Defendants Motorola represent to Plaintiff that Motorola Trademark Holdings, LLC is a holding company that does not conduct operations and is not the proper entity to be sued for the allegations in the complaint. While denying that there is any infringement of a valid claim of the patent-in-suit, Motorola represent that the proper entity in interest should be Motorola, Inc. 4. 5. This dismissal is without prejudice to refiling. Defendant Motorola Trademark Holdings, LLC is dismissed from this case by way of this agreed stipulation; Defendant Motorola, Inc. is not dismissed and shall remain as a defendant. No. 6:10-cv-00491-LED Jury Trial Demanded

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Therefore, pursuant to Fed. R. Civ. P. 41(a), Plaintiff Parallel Networks and Defendants Motorola hereby stipulate and request that the Court enter an order dismissing Defendant Motorola Trademark Holdings, LLC from this case WITHOUT PREJUDICE, with each party to bear its own costs, expenses and attorneys fees.

Respectfully submitted, Dated: December 10, 2010 /s/ Eric H. Findlay Eric H. Findlay State Bar No. 00789886 Brian Craft State Bar No. 04972020 Findlay Craft, LLP Principal Office: 6760 Old Jacksonville Hwy Suite 101 Tyler, Texas 75703 Tel: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] Jonathan M. Sobel (pro hac vice admission pending) Mitchell S. Feller (pro hac vice admission pending) SOBEL & FELLER LLP 444 Madison Avenue, 17th Floor New York , NY 10022 212-308-0600 (voice) 212/308-0611 (fax) [e-mail] [e-mail] ATTORNEYS FOR DEFENDANTS MOTOROLA, INC. AND MOTOROLA TRADEMARK HOLDINGS, LLC /s/ Charles Craig Tadlock Charles Craig Tadlock Texas State Bar No. 00791766 TADLOCK LAW FIRM 400 E. Royal Lane, Suite 290 Irving, Texas 75039 214-785-6014 (phone) [e-mail] and 315 N. Broadway, Suite 307 Tyler, Texas 75702 903-283-2758 (phone) George S. Bosy (pro hac vice) David R. Bennett (pro hac vice) Bosy & Bennett 300 N. La Salle St. 49th Floor Chicago, IL 60654 Telephone: [phone] Email: [e-mail] [e-mail] ATTORNEYS FOR PLAINTIFF PARALLEL NETWORKS, LLC

CERTIFICATE OF CONFERENCE I hereby certify that counsel for Plaintiff Parallel Networks and Defendants Motorola have conferred by phone in accordance with Local Rule CV-7, and that this is an agreed stipulation. /s/ Charles Craig Tadlock Charles Craig Tadlock

CERTIFICATE OF SERVICE I hereby certify that counsel of record who are deemed to have consented to electronic service are being served this 13nd day of December, 2010, 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 by electronic mail, facsimile transmission and/or first class mail on this same date. /s/ Charles Craig Tadlock Charles Craig Tadlock