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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ECOFACTOR, INC.,
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`Plaintiff,
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`v.
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`ECOBEE, INC.,
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`Defendant.
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`ECOFACTOR, INC.,
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`Plaintiff,
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`v.
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`ECOBEE, INC.,
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`Defendant.
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`Case No.: 6:21-cv-00428-ADA
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`LEAD CASE
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`Case No.: 6:20-cv-00078-ADA
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`ORDER OF DISMISSAL WITH PREJUDICE
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`Before the Court is the Joint Motion to Dismiss with Prejudice filed by Plaintiff EcoFactor,
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`Inc. and Defendant ecobee, Inc., stating that the parties have resolved all claims and counterclaims
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`in this action. Having considered this request, and for good cause, the Court finds the Motion
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`should be GRANTED.
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`IT IS THEREFORE ORDERED that all claims and counterclaims in this action are
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`dismissed with prejudice, and without right of appeal, pursuant to Rules 41(a)(2) and 41(c) of the
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`Federal Rules of Civil Procedure. The dismissal of this action dismisses the Court’s Final
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`Judgment in this Action (ECF 258) and any and all obligations thereunder. No obligations remain
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`with regard to the Final Judgment.
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`Case 6:21-cv-00428-ADA Document 285 Filed 12/29/23 Page 2 of 2
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`IT IS FURTHER ORDERED that EcoFactor’s Bill of Costs (ECF No. 260) and its
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`motion seeking judicial resolution relating to its Bill of Costs (ECF No. 261) are both
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`DENIED AS MOOT.
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`IT IS FURTHER ORDERED that all other currently pending Motions are DENIED AS
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`MOOT including ECF Nos. 270, 271, and 273.
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`IT IS FURTHER ORDERED that each party shall bear its own costs, expenses,
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`and attorneys’ fees in this action.
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`SO ORDERED.
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`Dated: 29th day of December, 2023.
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