Vindolor, LLC v. Macy's Inc.

Western District of Texas, txwd-6:2019-cv-00157

Joint MOTION to Dismiss by Vindolor, LLC.

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION VINDOLOR LLC, Plaintiff Case No. 6:19-cv-00157-ADA v. JURY TRIAL DEMANDED MACY'S INC., Defendant JOINT MOTION TO DISMISS WITH PREJUDICE Plaintiff, Vindolor LLC, and Defendant, Macy's Inc. 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. The Parties have agreed and hereby report that the Court retain jurisdiction over this action to enforce the terms of the resolution between the Parties. The parties agree that all attorneys' fees, costs of court and expenses shall be borne by the incurring party. Therefore, Vindolor LLC and Macy's Inc. 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. Dated: September 26, 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/ Eric H. Findlay Eric H. Findlay State Bar No. 00789886 Debby Gunter (Admission to TXWD pending) State Bar No. 24012752 Findlay Craft, P.C. 102 North College Avenue Suite 900 Tyler, TX 75702 (903) 534-1100 (903) 534-1137 FAX efindlay@findlaycraft.com dgunter@findlaycraft.com Richard S. Mandaro Anthony F. Lo Cicero AMSTER ROTHSTEIN & EBENSTEIN LLP 90 Park Avenue New York, NY 10016 212.336.8000 rmandaro@arelaw.com alocicero@arelaw.com ATTORNEYS FOR DEFENDANT MACY'S, INC. JOINT MOTION TO DISMISS WITH PREJUDICE PAGE |2