`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
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`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 - IPR2015-00390
`
`
`
`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
`
`
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