GPS Industries Inc et al v. Altex Corporation et al

Filing 433

Memorandum Opinion and Order granting 420 Motion to Expedite Clarification of the Courts Order and Judgment Granting Defendant SkyHawke Technologies LLCs Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Optimal IP Holdings LP. (see order) (Ordered by Judge Ed Kinkeade on 08/12/09) (lmp)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GPS INDUSTRIES, INC. and OPTIMAL I.P. HOLDINGS, L.P., Plaintiffs, v. ALTEX CORPORATION, et al., Defendants. § § § § § § § § §

CIVIL ACTION NO. 3:07-CV-0831-K

MEMORANDUM OPINION AND ORDER Before the Court is Plaintiffs' Expedited Motion for Clarification of the Court's Order and Judgment Granting Defendant Skyhawke Technologies LLC's ("Skyhawke") Motion to Dismiss for Lack of Subject Matter Jurisdiction (doc. 420). Plaintiffs contend the Court's Memorandum Opinion and Order cannot be reconciled with the Court's Judgment entered the same date. Specifically, the Court found in the opinion and order that it lacked subject matter jurisdiction over the case from the initial filing date and, therefore, dismissal of the entire case was appropriate. In the judgment, however, the Court ordered Plaintiffs claims be dismissed, but did not refer to the counterclaims filed by Defendants. (Skyhawke did not file any counterclaims). The Court GRANTS the motion. To reconcile any inconsistency, the case, including any counterclaims, is dismissed in its entirety as the Court lacked subject matter jurisdiction for the reasons stated in its opinion and order dated July 27, 2009 (doc. 418). An amended final

judgment will enter concurrently with this order, reflecting this clarification. SO ORDERED. Signed August 12th, 2009.

____________________________ ED KINKEADE UNITED STATES DISTRICT JUDGE