PACER - Research In Motion (Blackberry) 06/11/

PACER - Research In Motion (Blackberry)

06/11/2013 Document 25
NOTICE of Voluntary Dismissal by e. Digital Corporation e. Digital Corporations Notice Of Voluntary Dismissal Without Prejudice As To Certain Defendants Only Pursuant To Stipulation (Attachments: # 1 Exhibit A to Dismissal ) (Chalk, Pamela ) ( aef ). (Entered: 06/11/2013)

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WHEREAS, none of the Defendants in this matter have answered or
otherwise filed an answer or otherwise responded to the Complaint (Docket
#1) filed in this action by Plaintiff e. Digital Corporation ("Plaintiff" or
" e. Digital");

WHEREAS, Defendants Sprint Spectrum L.P. ( erroneously sued herein as
Sprint Nextel Corporation); T- Mobile USA , Inc.; AT&T Mobility LLC; and
Verizon Communications, Inc. ( collectively , the "Blackberry Customers") have
agreed to provide certain sales data to e. Digital's outside attorneys only
regarding the products distributed in the United States by Defendants Research In
Motion Limited dba BlackBerry and/or Research In Motion Corporation dba BlackBerry
("BlackBerry").

WHEREAS, a true and correct copy of the stipulation of the parties is
attached hereto as Exhibit "A" and incorporated herein ("Stipulation");
WHEREAS, in the interest of judicial economy , and to streamline these
proceedings before the Court, e. Digital and the BlackBerry Customers agree
that this action can be dismissed without prejudice as to the BlackBerry
Customers only;

WHEREAS, pursuant to the Stipulation reached, e. Digital and the
BlackBerry Customers agree that each side will bear their own attorneys fees
and costs , and waive any recovery of same , in connection with the dismissals
without prejudice to be entered between and among e. Digital and the BlackBerry
Customers;

WHEREAS, pursuant to the Stipulation reached, e. Digital and the
BlackBerry Customers agree that the dismissal of the BlackBerry Customers in
this case does not, nor it is intended to impact the claims e. Digital may have or
has made against Defendants Sprint Spectrum L.P. ( erroneously sued herein as
Sprint Nextel Corporation); T-Mobile USA, Inc.; AT&T Mobility LLC; and Verizon
Communications, Inc. in other cases including, but not limited to, any
assertions based upon the two-dismissal rule or related theories.

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To be official soon...