`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`VARTA MICROBATTERY GMBH,
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`Plaintiff,
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`v.
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`COSTCO WHOLESALE CORPORATION,
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`AMAZON.COM, INC.
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`BEST BUY CO., INC.
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`PEAG, LLC
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`AUDIO PARTNERSHIP LLC, ET AL
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`Defendants.
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`CIVIL ACTION NO. 2:20-cv-00051-JRG
`LEAD CASE
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`CIVIL ACTION NO. 2:20-cv-00052-JRG
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`CIVIL ACTION NO. 2:20-cv-00054-JRG
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`CIVIL ACTION NO. 2:20-cv-00071-JRG
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`CIVIL ACTION NO. 2:20-cv-00138-JRG
`
`§
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`ORDER
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`Before the Court is the Joint Motion to Dismiss without Prejudice Pursuant to Federal Rule
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`of Civil Procedure 41(a)(2) (the “Motion”) filed by Plaintiff VARTA Microbattery GmbH
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`(“VARTA”) and Defendant Best Buy Co., Inc. (“Best Buy”) (collectively, the “Parties”).
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`(Dkt. No. 24). In the Motion, the Parties stipulate and jointly move to dismiss VARTA’s
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`Complaint against Best Buy without prejudice and with no award of fees or costs because Best
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`Buy represented to VARTA that it does not make, use, offer to sell, or sell in the United States, or
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`import into the United States any of the accused products at issue in this lawsuit.
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`Having considered the Motion, the Court finds it should be and hereby is GRANTED. The
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`Court ORDERS that VARTA’s claims against defendant Best Buy are DISMISSED WITHOUT
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`
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`Case 2:20-cv-00054-JRG Document 19 Filed 05/13/20 Page 2 of 2 PageID #: 176
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`PREJUDICE. Each party shall bear its own costs, expenses, and attorneys’ fees. The Clerk of
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`Court is directed to terminate Best Buy as a defendant in Member Case No. 2:20-cv-00054-JRG.
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`Lead Case No 2:20-cv-00051-JRG and Member Case No. 2:20-cv-00054-JRG shall remain OPEN
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`in view of the remaining live parties.
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`2
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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 13th day of May, 2020.
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