`v.
`
`VERIZON COMMUNICATIONS INC.,
`CELLCO PARTNERSHIP d.b.a. VERIZON
`WIRELESS, AT&T, INC., AT&T MOBILITY
`LLC, SPRINT CORPORATION, SPRINT
`COMMUNICATIONS COMPANY L.P.,
`SPRINT SOLUTIONS INC., and T-MOBILE
`USA, INC.,
`
`
`Defendants.
`
`
`
`
`
`Civil Action No.: 2:13-cv-1059-JRG
`
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Case 2:13-cv-01059-JRG-RSP Document 48 Filed 02/28/14 Page 1 of 5 PageID #: 777
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`SOLOCRON MEDIA, LLC,
`
`
`Plaintiff,
`
`
`STIPULATION OF DISMISSAL WITHOUT
`PREJUDICE AS TO DEFENDANT AT&T INC.
`
`Plaintiff Solocron Media, LLC (“Solocron”) and Defendants AT&T Inc. and AT&T
`
`Mobility LLC submit the following Stipulation of Dismissal Without Prejudice as to Defendant
`
`AT&T Inc. and in support thereof state:
`
`1. On December 6, 2013, Plaintiff Solocron filed suit against AT&T Inc. (“AT&T Inc.”),
`
`AT&T Mobility LLC (“AT&T Mobility”), and others alleging infringement of U.S.
`
`Patent Nos. 6,496,692, 7,257,395, 7,295,864, 7,319,866, 7,742,759, 8,249,572, and
`
`8,594,651.
`
`2. AT&T Inc. and AT&T Mobility represent and warrant that:
`
`a. AT&T Inc. is a holding company that has no employees, sales representatives,
`
`or distributors. Furthermore, AT&T Inc. does not instruct, direct, or control
`
`the activities of its subsidiaries (or any other entity) relevant to operations or
`
`design of any systems or services.
`
`
`
`1
`
`
`
`Page 2056-001
`
`Solocron Ex. 2056 - Verizon Wireless, AT&T Mobility - IPR2015-00380
`
`
`
`Case 2:13-cv-01059-JRG-RSP Document 48 Filed 02/28/14 Page 2 of 5 PageID #: 778
`
`b. AT&T Inc. and AT&T Mobility agree that for purposes of discovery in this
`
`case, documents and information in the possession, custody or control of
`
`AT&T Inc. is deemed also to be in the possession, custody and control of
`
`AT&T Mobility. AT&T Mobility will not object to a request for deposition on
`
`the grounds that the prospective deponent is an employee of AT&T Inc.
`
`(though nothing in this stipulation prevents AT&T Mobility from objecting to
`
`a deposition on other grounds).
`
`c. AT&T Mobility or any assignee of AT&T Mobility is able to satisfy any
`
`judgment against it in this case. AT&T Inc. and AT&T Mobility each warrant
`
`and represent that they will not take any action that will cause AT&T Mobility
`
`to be unable to fully satisfy any judgment entered in this case.
`
`d. AT&T Mobility will respond to Solocron’s First Amended Complaint on or
`
`before Friday, February 28, 2014.
`
`e. AT&T Mobility will not dispute that The United States District Court for the
`
`Eastern District of Texas has personal jurisdiction over it for purposes of this
`
`case.
`
`f. The acts alleged in Plaintiff's First Amended Complaint, to the extent that
`
`AT&T Inc. understands them, would be attributable to AT&T Mobility and
`
`not to AT&T Inc.; this representation is made without any admission to the
`
`truth or falsity of Plaintiff's allegations in Plaintiff's First Amended
`
`Complaint.
`
`g. AT&T Inc. and AT&T Mobility agree that they will not object to the
`
`timeliness of Plaintiff's attempt to add AT&T Inc. back into this litigation in
`
`
`
`2
`
`
`
`Page 2056-002
`
`
`
`Case 2:13-cv-01059-JRG-RSP Document 48 Filed 02/28/14 Page 3 of 5 PageID #: 779
`
`the event Plaintiff so moves. AT&T Inc. and AT&T Mobility preserve all
`
`objections but for timeliness to such potential motion, including but not
`
`limited to objections regarding the Court's personal jurisdiction (or lack of
`
`personal jurisdiction) over AT&T Inc. AT&T Mobility also agrees not to seek
`
`the extension of any case schedule or deadlines as a result of adding AT&T
`
`Inc. back into this litigation.
`
`h. AT&T Inc. agrees that it will not file a Declaratory Judgment action outside of
`
`and during the pending litigation relating to the patents and claims that were
`
`asserted against AT&T Inc. and AT&T Mobility in this action, other than as a
`
`counterclaim.
`
`3. In reliance upon the representations and warranties made in paragraphs 2(a) – 2(h)
`
`above, Solocron agrees to dismiss AT&T Inc. without prejudice as allowed under
`
`Rule 41(a)(2) of the Federal Rules of Civil Procedure.
`
`4. Solocron has not released, and nothing in this Stipulation should be construed as a
`
`release or discharge of, any claim Solocron has or may have in the future against any
`
`defendant named in this action or any other asserted infringer of the patents-in-suit.
`
`All other rights have been expressly reserved.
`
`Accordingly, Solocron, AT&T Inc. and AT&T Mobility LLC request that the Court enter
`
`the attached order dismissing AT&T Inc. without prejudice.
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Page 2056-003
`
`
`
`Case 2:13-cv-01059-JRG-RSP Document 48 Filed 02/28/14 Page 4 of 5 PageID #: 780
`
`Dated: February 28, 2014
`
`Respectfully submitted,
`
`
`
`
`
`/s/ William P. Nelson
`Eric Hugh Findlay
`State Bar No. 00789886
`FINDLAY CRAFT
`6760 Old Jacksonville Hwy
`Suite 101
`Tyler, TX 75703
`Telephone: (903) 534-1100
`Facsimile: (903) 534-1137
`Email: efindlay@findlaycraft.com
`
`Matthew D. Powers
`CA Bar No. 104795 (Admitted E.D. Tex.)
`Steven S. Cherensky
`CA Bar No. 168275 (Admitted E.D. Tex.)
`Paul T. Ehrlich
`CA Bar No. 228543 (Admitted E.D. Tex.)
`William P. Nelson – Lead Attorney
`CA Bar No. 196091(Admitted E.D. Tex.)
`Robert L. Gerrity
`CA Bar No. 268084 (Admitted E.D. Tex.)
`TENSEGRITY LAW GROUP, LLP
`555 Twin Dolphin Drive
`Suite 360
`Redwood Shores, CA 94065
`Telephone: (650) 802-6000
`Fascimile: (650) 802-6001
`Email:
`william.nelson@tensegritylawgroup.com
`matthew.powers@tensegritylawgroup.com
`steven.cherensky@tensegritylawgroup.com
`paul.ehrlich@tensegritylawgroup.com
`robert.gerrity@tensegritylawgroup.com
`
`
`ATTORNEYS FOR PLAINTIFF
`SOLOCRON MEDIA, LLC
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Page 2056-004
`
`
`
`Case 2:13-cv-01059-JRG-RSP Document 48 Filed 02/28/14 Page 5 of 5 PageID #: 781
`
`Dated: February 28, 2014
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Theodore Stevenson, III
`Theodore Stevenson, III
`Lead Attorney
`Texas State Bar No. 19196650
`tstevenson@mckoolsmith.com
`Scott W. Hejny
`Texas State Bar No. 24038952
`shejny@mckoolsmith.com
`Nicholas Mathews
`Texas State Bar No. 24085457
`nmathews@mckoolsmith.com
`MCKOOL SMITH, P.C.
`300 Crescent Court, Suite 1500
`Dallas, Texas 75201
`Telephone: (214) 978-4000
`Telecopier: (214) 978-4044
`
`ATTORNEYS FOR DEFENDANTS AT&T
`INC. AND AT&T MOBILITY LLC
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that all counsel of record who are deemed to have
`
`consented to electronic service are being served 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
`
`email this 28th day of February, 2014.
`
`
`
`
`
`
`McKool 971264v2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Theodore Stevenson, III
`Theodore Stevenson, III
`
`
`
`
`
`5
`
`
`
`Page 2056-005
`
`
`
`Case 2:13-cv-01059-JRG-RSP Document 48-1 Filed 02/28/14 Page 1 of 1 PageID #: 782
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`SOLOCRON MEDIA, LLC,
`
`
`Plaintiff,
`
`
`
`
`Civil Action No.: 2:13-cv-1059-JRG
`
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`v.
`
`VERIZON COMMUNICATIONS INC.,
`CELLCO PARTNERSHIP d.b.a. VERIZON
`WIRELESS, AT&T, INC., AT&T MOBILITY
`LLC, SPRINT CORPORATION, SPRINT
`COMMUNICATIONS COMPANY L.P.,
`SPRINT SOLUTIONS INC., and T-MOBILE
`USA, INC.,
`
`
`Defendants.
`
`
`
`ORDER OF DISMISSAL WITHOUT
`PREJUDICE AS TO DEFENDANT AT&T INC.
`
`
`
`Before the Court is Plaintiff Solocron Media, LLC’s (“Solocron”) and Defendants AT&T
`
`Inc.’s and AT&T Mobility LLC’s Joint Stipulation of Dismissal Without Prejudice as to
`
`Defendant AT&T Inc. The Motion is GRANTED.
`
`PURSUANT TO STIPULATION, IT IS HEREBY ORDERED, ADJUDGED AND
`
`DECREED that:
`
`1.
`
`Plaintiff’s claims against AT&T Inc. are DISMISSED WITHOUT PREJUDICE
`
`pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
`
`IT IS SO ORDERED
`
`
`
`
`
`1
`
`
`
`Page 2056-006
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
