Personal Audio, LLC v. XM Satellite Radio, Inc.

Filing 23

ORDER OF DISMISSAL. The 22 Joint Motion for Judgment of Dismissal Without Prejudice of Claims is granted. All costs shall be borne by the party incurring same. XM Satellite Radio Inc.'s 7 Motion to Dismiss is denied as moot. All pending motions are denied as moot. Signed by Judge Ron Clark on 7/19/10. (ljw, )

Personal Audio, LLC v. XM Satellite Radio, Inc.

Doc. 23

**NOT FOR PRINTED PUBLICATION** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION PERSONAL AUDIO, LLC, Plaintiff, v. XM SATELLITE RADIO, INC., Defendant . § § § § § § § § § §

CIVIL ACTION No. 9:10CV35 JUDGE RON CLARK

ORDER OF DISMISSAL Before the court is the parties' joint motion to dismiss [Doc. #22]. The parties state that they entered into a binding and enforceable stipulation on July 13, 2010, and they jointly move the court to dismiss without prejudice all claims by and between Plaintiff Personal Audio, LLC and Defendant XM Satellite Radio, Inc. The court is of the opinion that this motion should be granted. Therefore, the parties' Joint Motion for Judgment of Dismissal Without Prejudice of Claims Between Plaintiff Personal Audio, LLC and Defendant XM Satellite Radio Inc. [Doc. #22] is hereby GRANTED. Pursuant to the parties' July 13, 2010 stipulation, it is ORDERED that all claims by Plaintiff Personal Audio, LLC against Defendant XM Satellite Radio, Inc. are DISMISSED WITHOUT PREJUDICE. It is further ORDERED that costs shall be borne by the party incurring same. XM Satellite Radio Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [Doc. #7] is hereby DENIED AS MOOT. It is further

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ORDERED that all other pending motions not previously adjudicated by the court are DENIED AS MOOT.
So ORDERED and SIGNED this 19 day of July, 2010.

___________________________________ Ron Clark, United States District Judge

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