`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`
`
`
`Case No. 2:15-CV-1277-JRG-RSP
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`CONSOLIDATED INTO
`
`No. 2:15-CV-1274-JRG-RSP
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`JURY TRIAL DEMANDED
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`
`
`BLITZSAFE TEXAS, LLC,
`
`
`Plaintiff,
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`
`
`v.
`
`
`TOYOTA MOTOR CORPORATION;
`TOYOTA MOTOR SALES, U.S.A., INC.;
`TOYOTA MOTOR MANUFACTURING,
`TEXAS, INC.; TOYOTA MOTOR
`MANUFACTURING, KENTUCKY,
`INC.; and TOYOTA MOTOR
`MANUFACTURING, MISSISSIPPI,
`INC.,
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
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`AGREED MOTION TO DISMISS WITH PREJUDICE
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`Pursuant to the Federal Rules of Civil Procedure, Plaintiff Blitzsafe Texas, LLC
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`(“Blitzsafe”) and Defendants Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc.,
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`Toyota Motor Manufacturing, Texas, Inc., Toyota Motor Manufacturing, Kentucky, Inc., and
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`Toyota Motor Manufacturing, Mississippi, Inc. (collectively referred herein as “Toyota”),
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`represented by their respective attorneys, hereby stipulate and agree to as follows:
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`1.
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`The Complaint filed by Blitzsafe against Toyota in the above-captioned case, including
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`all claims and causes of action asserted by Plaintiff Blitzsafe against Toyota, are dismissed
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`with prejudice to the Plaintiff re-filing same and without costs.
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`2.
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`All Counterclaims filed by Toyota against Plaintiff Blitzsafe are dismissed with
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`prejudice to refiling same and without costs.
`
`
`
`Case 2:15-cv-01274-JRG-RSP Document 456 Filed 02/17/17 Page 2 of 3 PageID #: 30129
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`
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`3.
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`Each of the parties to this Agreed Motion is to bear its own costs and fees, including
`
`attorney's fees.
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`So agreed and stipulated.
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`A proposed order is attached as Exhibit A.
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`Dated: February 17, 2017
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`
`
`
`
`Respectfully submitted,
`
`BROWN RUDNICK LLP
`
`
`
` /s/ Alfred R. Fabricant
`Alfred R. Fabricant
`Texas Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Lawrence C. Drucker
`Email: ldrucker@brownrudnick.com
`Texas Bar No. 2303089
`Peter Lambrianakos
`Texas Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Alessandra Carcaterra Messing
`Texas Bar No. 5040019
`Email: amessing@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF
`BLITZSAFE TEXAS, LLC
`
`
`
`2
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`
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`Case 2:15-cv-01274-JRG-RSP Document 456 Filed 02/17/17 Page 3 of 3 PageID #: 30130
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above and foregoing
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`document was filed electronically with the CM/ECF system per LR5.1, and that all interested
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`parties are being served with a true and correct copy of these documents via the CM/ECF system
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`on February 17, 2017.
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`/s/ Alfred R. Fabricant
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`
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