`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`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
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`
`
`Defendants.
`
`v.
`
`
`
`
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`
`MOTION TO DISMISS PURSUANT TO RULE 41(a)(2) WITH PREJUDICE
`
`Plaintiff AGIS Software Development LLC (“AGIS”) and Defendants T-Mobile USA,
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`Inc. and T-Mobile US, Inc. (collectively, “T-Mobile” or “Defendants”) (collectively, the
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`“Parties”) have settled their respective claims for relief asserted in this litigation. Accordingly,
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`the Parties respectfully request that all claims for relief asserted against Defendant by Plaintiff
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`herein are dismissed, with prejudice; and, the Parties further request that all attorneys’ fees, costs
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`of court and expenses be borne by each Party incurring the same.
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`WHEREFORE, the parties respectfully request that the Court enter the proposed Order
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`submitted with this motion as set forth above.
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`Dated: November 4, 2021
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`
`
`
`
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`Respectfully submitted,
`
` /s/ Vincent J. Rubino, III
`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
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 204 Filed 11/04/21 Page 2 of 4 PageID #: 7247
`
`Email: vrubino@fabricantllp.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`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/ Ryan J. McBrayer(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
`
`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
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 204 Filed 11/04/21 Page 3 of 4 PageID #: 7248
`
`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.
`
`
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 204 Filed 11/04/21 Page 4 of 4 PageID #: 7249
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, on November 4, 2021, all counsel of record who
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`are deemed to have consented to electronic service are being served with a copy of this document
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`via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`
`
`
`
`
`
`
`
`
` /s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that the Parties have met and conferred regarding the foregoing Motion,
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`pursuant to Local Rule CV-7(h). The Parties are in agreement as to the relief sought in the
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`motion.
`
`
`
`
`
` /s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
`
`
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