`
`Civil Action No. 2:16-cv-00741-RWS
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`§
`
`§
`
`§
`
`§
`
`§
`
`§
`
`§
`
`§
`
`
`
`
`
`
`
`
`
`
`
`
`UNILOC USA, INC., and
`UNILOC LUXEMBOURG, S.A.,
`
`
`
`
`
`V.
`
`
`
`
`
`
`
`
`
`ADP, LLC.,
`
`
`
`
`
`
`
`
`
`Defendant
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`STIPULATION OF DISMISSAL AND JOINT MOTION TO VACATE JUDGMENT
`
`Plaintiffs, Uniloc USA, Inc., and Uniloc Luxembourg S.A. (“Uniloc”), and Defendant,
`
`ADP, LLC (“ADP”), have agreed to settle this matter, and therefore stipulate to dismiss all
`
`claims by Uniloc against ADP, with prejudice, as follows, but under the following conditions:
`
`1.
`
`By filing this Stipulation, the parties are requesting the Court to vacate the Final
`
`Judgment entered October 20, 2017 (Docket No. 269) and the Order dated
`
`September 28, 2017 (Docket No. 267), each as to ADP only but not as to any other
`
`defendant, so that Uniloc is not estopped by this Stipulation from appealing the
`
`issues decided in the Order as to any other defendant. If, and only if, the Court
`
`grants that request, the parties further stipulate:
`
`a. Any and all claims by Uniloc against ADP are dismissed with prejudice.
`
`b. Uniloc and ADP shall each bear its own attorney’s fees, expenses, and costs.
`
`c. All other relief requested between Uniloc and ADP should be denied as moot.
`
`2.
`
`If, however, the Court denies the request to vacate the Final Judgment and the
`
`Order as between Uniloc and ADP, then this Stipulation shall be withdrawn.
`
`1
`
`
`
`Case 2:16-cv-00741-RWS Document 273 Filed 10/31/17 Page 2 of 3 PageID #: 5383
`
`3.
`
`If the Court does not act on this Stipulation before Uniloc files a Notice of Appeal
`
`as to ADP, then the parties agree to take whatever steps are necessary to return the
`
`action to the District Court, so this Court can act on this Stipulation.
`
`
`
`Dated: October 31, 2017
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/ Kevin Gannon
`Paul J. Hayes (Lead Attorney)
`Massachusetts State Bar No. 227000
`Kevin Gannon
`Massachusetts State Bar No. 640931
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Email: phayes@princelobel.com
`Email: kgannon@princelobel.com
`
`Edward R. Nelson III
`ed@nelbum.com
`Texas State Bar No. 00797142
`Anthony M. Vecchione
`anthony@nelbum.com
`Texas State Bar No. 24061270
`NELSON BUMGARDNER PC
`3131 West 7th Street, Suite 300
`Fort Worth, TX 76107
`Tel: (817) 377-9111
`Fax: (817) 377-3485
`
`
`
`
`
`ATTORNEYS FOR THE PLAINTIFFS
`
`
`
`
`
`
`
`/s/ Matthew J. Moffa
`William J. McCabe
`E-Mail: WMcCabe@perkinscoie.com
`Matthew J. Moffa
`E-Mail: MMoffa@perkinscoie.com
`PERKINS COIE LLP
`30 Rockefeller Plaza, 22nd Floor
`New York, NY 10112-0085
`Telephone: (212) 262-6900
`Facsimile: (212) 977-1649
`
`
`
`2
`
`
`
`Case 2:16-cv-00741-RWS Document 273 Filed 10/31/17 Page 3 of 3 PageID #: 5384
`
`Victoria Q. Smith
`Texas Bar No.: 24075381
`E-Mail: VSmith@perkinscoie.com
`PERKINS COIE LLP
`3150 Porter Drive
`Palo Alto, CA 95051
`Telephone: (650) 838-4300
`Facsimile: (650) 838-4350
`
`Michael E. Jones
`Texas Bar No.: 10929400
`E-Mail: mikejones@potterminton.com
`Patrick C. Clutter
`Texas Bar No. 24036374
`E-Mail: patrickclutter@potterminton.com
`POTTER MINTON, PC
`110 North College Suite 500
`Tyler, TX 75702
`Telephone: (903) 597-8311
`Facsimile: (903) 593-0846
`
`
`ATTORNEYS FOR DEFENDANT
`ADP, LLC
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on October 31, 2017, a true and correct copy of the foregoing document
`was served upon all counsel of record via the Court’s CM/ECF system in accordance with this
`Court’s Local Rules.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Kevin Gannon
`
` Kevin Gannon
`
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
