`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`
`TYLER DIVISION
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC., et al
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`
`§
`§
`§
`§
`§
`
`
`Civil Action No. 6:14-cv-982-JRG
`
`Consolidated Lead Case
`
`JURY TRIAL DEMANDED
`
`
`STIPULATION OF DISMISSAL WITHOUT
`PREJUDICE AS TO DEFENDANT AT&T INC.
`
`
`
`Plaintiff Cellular Communications Equipment LLC (“CCE”) and Defendants AT&T Inc.
`
`and AT&T Mobility LLC submit the following Stipulation of Dismissal Without Prejudice as to
`
`Defendant AT&T Inc. and in support thereof state:
`
`1. On December 19, 2014, Plaintiff CCE filed suit against AT&T Inc. (“AT&T Inc.”),
`
`AT&T Mobility LLC (“AT&T Mobility”), and others for infringement of U.S.
`
`Patent No. 8,385,966, U.S. Patent No. 8,848,556, and U.S. Patent No. 8,868,060.
`
`2. AT&T Inc. represents and warrants that:
`
`a. AT&T Inc. is a holding company that has officers and a board of directors, but
`
`no employees, sales representatives, or distributors. Furthermore, AT&T Inc.
`
`does not instruct, direct, or control the activities of its subsidiaries (or any
`
`other entity) relevant to (i) the operation or design of any cellular telephone
`
`communications network; or (ii) the operation or design of wireless device
`
`features and functionality.
`
`
`
`
`
`
`
`Case 6:14-cv-00982-KNM Document 21 Filed 03/02/15 Page 2 of 4 PageID #: 131
`
`b. AT&T Inc. and AT&T Mobility agree that for purposes of discovery in this
`
`case, documents and information in the possession, custody or control of
`
`AT&T Inc. or any of its subsidiaries are deemed also to be in the possession,
`
`custody and control of AT&T Mobility. AT&T Mobility will not object to a
`
`request for deposition on the grounds that the prospective deponent is an
`
`employee of AT&T Inc. or any of its subsidiaries (though nothing in this
`
`stipulation prevents AT&T Mobility from objecting to a deposition on other
`
`grounds).
`
`c. AT&T Mobility is the proper party to defend against allegations made in this
`
`patent infringement lawsuit. Furthermore, AT&T Mobility or any assignee of
`
`AT&T Mobility is able to satisfy any judgment against it in this case. AT&T
`
`Inc. and AT&T Mobility each warrant and represent that they will not take
`
`any action that will cause AT&T Mobility to be unable to fully satisfy any
`
`judgment entered in this case.
`
`3. CCE expressly does not stipulate or agree to any of the foregoing facts, and reserves
`
`its right to dispute any of the foregoing factual representations with evidence to the
`
`contrary.
`
`4.
`
`In reliance upon the representations and warranties made in paragraphs 2(a) – 2(c)
`
`above, CCE agrees to dismiss AT&T Inc. without prejudice as allowed under Rule
`
`41(a)(2) of the Federal Rules of Civil Procedure.
`
`5. CCE has not released, and nothing in this Stipulation should be construed as a
`
`release or discharge of, any claim CCE has or may have in the future against any
`
`defendant named in this action or any other asserted infringer of the patents-in- suit.
`
`All other rights have been expressly reserved.
`
`
`
`
`
`
`Case 6:14-cv-00982-KNM Document 21 Filed 03/02/15 Page 3 of 4 PageID #: 132
`
`
`
`Accordingly, CCE and AT&T Inc. request that the Court enter the attached order
`
`dismissing AT&T Inc. without prejudice.
`
`
`
`Dated: March 2, 2015
`
`
`
`Respectfully submitted,
`
`/s/ Edward R. Nelson, III
`Edward R. Nelson, III
`ed@nelbum.com
`Texas State Bar No. 00797142
`S. Brannon Latimer
`brannon@ nelbum.com
`Texas State Bar No. 24060137
`Thomas C. Cecil
`tom@ nelbum.com
`Texas State Bar No. 24069489
`
`NELSON BUMGARDNER, P.C.
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`Phone: (817) 377-9111
`Fax: (817) 377-3485
`
`ATTORNEYS FOR PLAINTIFF
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC
`
`
`
`
`
`
`
`
`
`
`
`/s/ Christopher W. Kennerly
`Christopher W. Kennerly
`chriskennerly@paulhastings.com
`TX Bar No. 00795077
`Paul Hastings LLP
`1117 S. California Ave. Palo Alto, CA 94304-1106
`Telephone: (650) 320-1800
`Facsimile: (650) 320-1900
`
`COUNSEL FOR DEFENDANTS AT&T INC.
`AND AT&T MOBILITY LLC
`
`
`
`
`
`
`
`
`
`Case 6:14-cv-00982-KNM Document 21 Filed 03/02/15 Page 4 of 4 PageID #: 133
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document was filed
`
`electronically in compliance with Local Rule CV-5 on this 2nd day of March, 2015. As of this
`date all counsel of record have consented to electronic service and are being served with a copy
`of this document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A).
`
`
`
`
`
`
`
`
`
`
`
`/s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`
`
`
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