Bumble Trading, Inc. et al v. Match Group LLC

Western District of Texas, txwd-6:2018-cv-00350

NOTICE Joint Notice Regarding Pending Motions by Match Group, LLC

Interested in this case?

Current View

Full Text

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION BUMBLE TRADING, INC. and BUMBLE § HOLDING, LTD., § § Plaintiffs/Counter-Defendants, § § C.A. No. 6:18-cv-00350-ADA V. § § MATCH GROUP, LLC, § § Defendant/Counter-Plaintiff. § § JOINT NOTICE REGARDING PENDING MOTIONS Match Group, LLC, Bumble Trading, Inc., and Bumble Holding, Ltd. (collectively, "the Parties") hereby inform the Court of the following agreement concerning four pending motions: (1) 18-cv-80 Dkt. No. 54 (Match's Motion for Leave to File a Second Amended Complaint in 18-cv-80); (2) 18-cv-350 Dkt. No. 23 (Bumble's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 41); (3) 18-cv-350 Dkt. No. 33 (Bumble's Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim); and (4) 18-cv-350 Dkt. No. 59 (Bumble's Motion for Leave to File Petition in State Court). The parties have agreed as follows: (1) Bumble Trading, Inc. and Bumble Holding, Ltd. will dismiss their claims pending in the 18-cv-350 complaint "with prejudice." (2) Match Group, LLC will dismiss its counterclaims 1-6 in the 18-cv-350 action "without prejudice." (3) Match Group, LLC will dismiss its counterclaims 7-11 in the 18-cv-350 action "with prejudice." 1 (4) The parties expressly agree that Bumble Trading, Inc. and Bumble Holding, Ltd.'s "with prejudice" dismissal does not preclude or affect Bumble Trading, Inc. and Bumble Holding, Ltd.'s ability to raise the allegations and claims set forth in Dkt. 59-1 from case number 18-cv-350. (5) The parties expressly agree that Match Group, LLC's "with prejudice" dismissal of counterclaims 7-11 does not preclude or affect Match Group, LLC from raising all defenses (including affirmative defenses) to the allegations and claims alleged in 18-cv-350 Dkt. 59-1, or any other defenses (including affirmative defenses) to any distinct allegations or claims Bumble may raise in the future. (6) Bumble Trading, Inc. and Bumble Holding, Ltd. agree not to oppose Match Group, LLC's motion for leave to amend its complaint in order to add Bumble Holding, Ltd. as a defendant to the 18-cv-80 case and allege claims of infringement of the '811 and '023 Patents against Bumble Holding, Ltd. Bumble Holding, Ltd. further agrees to accept service of any amended complaint through its attorneys of record in the 18-cv-350 case. Bumble Trading, Inc. and Bumble Holding, Ltd. reserve the right, however, to oppose the inclusion of any other claims against Bumble Holding, Ltd. in any amended complaint. (7) Match Group, LLC agrees not to oppose Bumble Trading, Inc. and Bumble Holding, Ltd.'s motion for leave to amend its counterclaims in the 18-cv-80 case to include the allegations and claims set forth in Dkt. 59-1 from case number 18-cv-350 as counterclaims in the 18-cv-80 case. Match Group, LLC reserves the right, however, to move to dismiss those claims on any basis, including for lack of subject matter jurisdiction. The parties agree that Match Group, LLC's non-opposition to this motion does not waive any right Match Group, LLC has to contest these allegations under Fed. R. Civ. P. 12, or any other applicable law. 2 (8) Match Group, LLC agrees to dismiss its allegations concerning infringement of the '314 Patent with prejudice. Once the parties have executed the dismissals as agreed, Match Group, LLC's Motion for Leave to File a Second Amended Complaint (Dkt. 54, 18-cv-80) can be granted as unopposed. 18-cv-350 Dkt. Nos. 23, 33, and 59 can be denied as moot, and the 18-cv-350 case can be closed. Dated: February 28, 2019 Respectfully submitted, CALDWELL CASSADY CURRY P.C. /s/ Bradley W. Caldwell Bradley W. Caldwell Texas State Bar No. 24040630 Email: bcaldwell@caldwellcc.com John F. Summers Texas State Bar No. 24079417 Email: jsummers@caldwellcc.com CALDWELL CASSADY CURRY P.C. 2101 Cedar Springs Road, Suite 1000 Dallas, Texas 75201 Telephone: (214) 888-4848 Facsimile: (214) 888-4849 Marc Wolinsky (admitted pro hac vice) Stephen R. DiPrima (admitted pro hac vice) Nathaniel D. Cullerton (admitted pro hac vice) WACHTELL, LIPTON, ROSEN & KATZ 51 West 52nd Street New York, NY 10019 Telephone: 212-403-1000 Facsimile: 212-403-2000 ATTORNEYS FOR MATCH GROUP, LLC /s/ Matthew D. Caplan (by permission) Matthew D. Caplan (Pro Hac Vice) CA Bar No. 260388 Michael G. Rhodes (Pro Hac Vice) 3 CA Bar No. 116127 COOLEY LLP 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone (415) 693-2000 Facsimile: (415) 693-2222 mrhodes@cooley.com mcaplan@cooley.com Joseph M. Drayton (Pro Hac Vice) NY Bar No. 2875318 COOLEY LLP 1114 Avenue of the Americas New York, NY 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 jdrayton@cooley.com Rose S. Whelan (Pro Hac Vice) DC Bar No. 999367 COOLEY LLP 1299 Pennsylvania Ave., NW Suite 700 Washington, DC 20004 Tel: (202) 842-7800 Fax: (202) 842-7899 rwhelan@cooley.com Deron R Dacus (TX 00790553) THE DACUS FIRM, P.C. 821 ESE Loop 323, Suite 430 Tyler, TX 75701 Telephone: 903-705-1117 Facsimile: 903-581-2543 ddacus@dacusfirm.com Attorneys for Plaintiffs/Counter-Defendants: Bumble Trading, Inc. And Bumble Holding Ltd. 4 CERTIFICATE OF SERVICE I hereby certify that on February 28, 2019 a copy of the foregoing documents was served upon all counsel of record through the Court's CM/ECF system. /s/ Bradley W. Caldwell Bradley W. Caldwell 5