`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`
`
`
`
`
`B.E. TECHNOLOGY, L.L.C.,
`
`v.
`
`
`
`
`
`Plaintiff,
`
`Civil Action No: 2:12-cv-02832-JPM-tmp
`
`
`
`
`
`
`SPARK NETWORKS, INC.
`
`
`
`Defendant.
`
`
`
`JOINT MOTION (INCLUDING MEMORANDUM)
`FOR DISMISSAL OF ACTION WITH PREJUDICE
`(WITH CERTIFICATE OF CONSULTATION)
`
`
`
`
`
`Plaintiff B.E. Technology, L.L.C. ("B.E. TECH") and defendant Spark Networks,
`
`Inc. ("SPARK"), by and through their respective counsel of record, jointly move the Court to
`
`enter the accompanying proposed Consent Order, dismissing this action with prejudice. In
`
`support of such, movants would respectfully show the following:
`
`1.
`
`B.E. TECH filed the above-captioned action against SPARK for alleged
`
`infringement of U.S. Patent No. 6,628,314 (the '314 Patent).
`
`2.
`
`SPARK filed an Answer to the Complaint, which alleged inter alia that the
`
`‘314 Patent is invalid and not infringed.
`
`3.
`
`B.E. TECH and SPARK have entered into a confidential Settlement
`
`Agreement that resolves all claims and issues raised in the above pleadings. The Settlement
`
`Agreement provides that the parties will take appropriate action to bring about the dismissal
`
`of the action, with prejudice, and that each party will bear its own respective fees and costs in
`
`this action. It also provides that the parties will request the Court to retain personal
`
`
`
`
`
`Case 2:12-cv-02832-JPM-tmp Document 42 Filed 07/17/13 Page 2 of 3 PageID 415
`
`
`
`jurisdiction over them, following dismissal of the action, for the limited purpose of any
`
`proceeding required to enforce the Settlement Agreement.
`
`4.
`
`Rule 41, Fed. R. Civ. P., authorizes dismissal of this action by Court Order.
`
`The parties have agreed and stipulated in the Settlement Agreement that the dismissal of B.E.
`
`TECH's claims is to be with prejudice. It is consistent with federal policy supporting
`
`settlements for the Court to retain personal jurisdiction over the parties which it acquired at
`
`the commencement of the action, for the limited purpose of hearing and deciding any
`
`subsequent proceedings initiated to enforce the Settlement Agreement.
`
`ROPES & GRAY LLP
`
`By: s/Laurence S. Rogers (by RMC per consent)
` Laurence S. Rogers
` 1211 Avenue of the Americas
` New York, NY 10036
` Tel.: (212) 596-9000
` Fax: (212) 596-9090
` Laurence.Rogers@ropesgray.com
`
`
`
`WYATT, TARRANT & COMBS, LLP
`
`By: s/Glen G. Reid, Jr. (by RMC per consent)
` Glen G. Reid, Jr. (#8184)
` 1715 Aaron Brenner Drive, Suite 800
` Memphis, TN 38120-4367
` Tel: (901) 537-1000
` Fax: (901) 537-1010
` greid@wyattfirm.com
`
`
`
` Attorneys For Defendant
` Spark Networks, Inc.
`
`
`Respectfully submitted,
`
`
`
`MARTIN, TATE, MORROW & MARSTON
`
`
`By: s/Richard M. Carter
` Richard M. Carter (#7285)
` Adam C. Simpson (#24705)
` 6401 Poplar Avenue, Suite 1000
` Memphis, TN 38119-4839
` Tel: (901) 522-9000
` Fax: (901) 527-3746
` rcarter@martintate.com
` asimpson@martintate.com
`
`FREITAS TSENG & KAUFMAN LLP
`
`By: s/Robert E. Freitas (by RMC per consent)
` Robert E. Freitas
` Craig R. Kaufman
` 100 Marine Parkway, Suite 200
` Redwood Shores, CA 94065
` Tel.: (650) 593-6300
` Fax: (650) 593-6301
` rfreitas@ftklaw.com
` ckaufman@ftklaw.com
`
`
`
` Attorneys For Plaintiff
` B.E. Technology, LLC
`
`
`
`
`
`2
`
`
`
`
`Case 2:12-cv-02832-JPM-tmp Document 42 Filed 07/17/13 Page 3 of 3 PageID 416
`
`
`
`
`
`
`
`CERTIFICATE OF CONSULTATION
`
`The undersigned certifies that this motion is being filed in compliance with the Local
`
`Rule 7.2, since the motion is filed jointly pursuant to an agreement between the parties
`
`resulting from extensive consultation.
`
`
`s/Richard M. Carter
`Richard M. Carter
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of this motion will be served on all counsel of
`
`record via the Court’s CM/ECF system and that the email submitting the accompanying
`
`proposed Order will be made on all counsel of record via electronic mail.
`
`
`s/Richard M. Carter
`Richard M. Carter
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
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
