Lupercal LLC v. CitiBank, N.A.

Western District of Texas, txwd-6:2019-cv-00201

Joint MOTION to Dismiss by Lupercal LLC.

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION LUPERCAL LLC, Plaintiff Case No. 6:19-cv-00201-ADA v. JURY TRIAL DEMANDED CITIBANK, N.A., Defendant JOINT MOTION TO DISMISS WITH PREJUDICE Plaintiff, Lupercal LLC, and Defendant, Citibank, N.A. have resolved their disputes in this action. Pursuant to this resolution, the parties hereby move the Court to dismiss with prejudice all claims asserted by Plaintiff against Defendant in this action and all counterclaims asserted by Defendant against Plaintiff. The parties agree that all attorneys' fees, costs of court and expenses shall be borne by the incurring party. Therefore, Lupercal LLC and Citibank, N.A. respectfully request that the Court enter an order dismissing with prejudice all claims in this action, ruling that all attorneys' fees, costs of court and expenses shall be borne by the incurring party, and retaining jurisdiction over this action to enforce the terms of the resolution between the Parties. Counsel for Lupercal LLC has conferred with counsel for Citibank, N.A. and counsel for Citibank, N.A. stated Citibank, N.A. agrees with and joins this motion. Dated: November 8, 2019 Respectfully submitted, Raymond W. Mort, III Texas State Bar No. 00791308 raymort@austinlaw.com THE MORT LAW FIRM, PLLC 100 Congress Ave, Suite 2000 Austin, Texas 78701 Tel/Fax: (512) 865-7950 ATTORNEYS FOR PLAINTIFF By: /s/ Laura Gibson Laura Gibson Texas State Bar No. 07869350 laura.gibson@dentons.com Dentons US LLP 1221 McKinney Avenue, Ste. 1900 Houston, TX 77010-2006 Telephone: 713-658-4635 Fax: 713-739-0834 ATTORNEYS FOR DEFENDANT CITIBANK, N.A. JOINT MOTION TO DISMISS WITH PREJUDICE PAGE |2