`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
`
`§
`JURY TRIAL DEMANDED
`§
`
`§
`
`§
`§
`§
`§
`
`JOINT NOTICE OF STIPULATION AND MOTION TO DISMISS WITH PREJUDICE
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`
`
`Defendants.
`
`Pursuant to the Federal Rules of Civil Procedure, Plaintiff AGIS Software Development
`
`LLC (“AGIS”), Defendants T-Mobile USA, Inc. and T-Mobile US, Inc. (collectively “T-Mobile”),
`
`and Third-Party Intervenors Smith Micro Software, Inc. and Smith Micro Software, LLC
`
`(collectively, “Smith Micro”), represented by their attorneys, hereby stipulate, agree and jointly
`
`move as follows:
`
`1.
`
`AGIS and Smith Micro have reached a settlement agreement resolving certain
`
`claims and causes of action in the above-captioned case and all claims and causes of action in
`
`Smith Micro Software, Inc. v. AGIS Software Dev. LLC, No. 5:21-cv-03677 (N.D. Cal.).
`
`2.
`
`In the above-captioned case, AGIS withdraws and dismisses, with prejudice, all
`
`portions of the claims and causes of actions asserted in the Complaint by AGIS against T-Mobile
`
`only with respect to T-Mobile’s FamilyMode and FamilyWhere products and services.
`
`3.
`
`Smith Micro withdraws its pending Motion to Intervene and Motion to Stay (Dkt.
`
`114).
`
`4.
`
`Each of the Parties to this Joint Motion is to bear its own costs and fees, including
`
`attorneys’ fees.
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 181 Filed 10/26/21 Page 2 of 4 PageID #: 6268
`
`5.
`
`The parties respectfully request that the Court enter the proposed Order submitted
`
`with this motion as set forth above.
`
`So agreed and stipulated.
`
`Dated: October 26, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Ave., Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Justin Kurt Truelove
`Texas Bar No. 24013653
`Email: kurt@truelovelawfirm.com
`TRUELOVE LAW FIRM, PLLC
`100 West Houston Street
`Marshall, Texas 75670
`Telephone: (903) 938-8321
`Facsimile: (903) 215-8510
`
`ATTORNEYS FOR PLAINTIFF AGIS
`SOFTWARE DEVELOPMENT LLC
`
`
` /s/ Robert W. Dickerson (with permission)
`Melissa R. Smith
`State Bar No. 24001351
`Email: melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 181 Filed 10/26/21 Page 3 of 4 PageID #: 6269
`
`Miguel Bombach
`Email: MBombach@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2080
`Phone: (858) 720-5747
`Facsimile: (858) 720-5847
`
`Ryan J. McBrayer, WSBA No. 28338
`Email: RMcBrayer@perkinscoie.com
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98101
`Phone: (206) 359-8000
`Fax: (206) 359-9000
`
`ATTORNEYS FOR DEFENDANTS
`T-MOBILE USA, INC. and T-MOBILE US, INC.
`
`
` /s/ Robert W. Dickerson (with permission)
`Robert W. Dickerson, Jr.
`(Admitted Pro Hac Vice)
`E-mail: rdickerson@bwslaw.com
`BURKE, WILLIAMS & SORENSEN, LLP
`444 South Flower Street, Suite 2400
`Los Angeles, CA 90071-2953
`Tel: 213-236-0600
`Fax: 213-236-2700
`
`Melissa R. Smith
`State Bar No. 24001351
`Email: melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`ATTORNEYS FOR T-MOBILE USA, INC. and
`T-MOBILE US, INC. AND THIRD-PARTIES
`SMITH MICRO SOFTWARE, INC. AND
`SMITH MICRO SOFTWARE, LLC
`
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 181 Filed 10/26/21 Page 4 of 4 PageID #: 6270
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on October 26, 2021, 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).
`
`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF CONFERENCE
`
`The undersigned hereby certifies that all counsel of record have met and conferred in
`
`accordance with Local Rule CV-7(h) and this Joint Notice of Stipulation and Joint Motion is
`
`unopposed.
`
`
`
`
`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`
`
`
`
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