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

Filing 424

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

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

Doc. 424

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 PRL USA HOLDINGS, INC. WITHOUT PREJUDICE Plaintiff Parallel Networks, LLC ("Plaintiff"), and Defendants Ralph Lauren Media LLC and PRL USA Holdings, Inc. (collectively "Ralph Lauren") respectfully submit the following: 1. 2. On September 23, 2010, Plaintiff filed suit against Defendants Ralph Lauren. Defendant PRL USA Holdings, Inc. has filed an answer, but has not yet filed any counterclaims. 3. Defendants Ralph Lauren represent to Plaintiff that PRL USA Holdings, Inc. is an intellectual property 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, Ralph Lauren represents that the proper entity in interest should be Ralph Lauren Media LLC. 4. 5. This dismissal is without prejudice to refiling. Defendant PRL USA Holdings, Inc. is dismissed from this case by way of this agreed stipulation; Defendant Ralph Lauren Media, LLC 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 Ralph Lauren hereby stipulate and request that the Court enter an order dismissing Defendant PRL USA Holdings, Inc. from this case WITHOUT PREJUDICE, with each party to bear its own costs, expenses and attorneys fees.

Respectfully submitted, Dated: December 21, 2010 /s/ C. Erik Hawes C. Erik Hawes State Bar No. 24042543 James Beebe State Bar No. 24038708 Shannon A. Lang State Bar No. 24070103 MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 Telephone No. [phone] Telecopier No. [phone] [e-mail] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANTS RALPH LAUREN MEDIA LLC AND PRL USA HOLDINGS, INC. /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 Ralph Lauren 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 21st 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