Wolf Run Hollow, LLC v. Compass Bancshares, Inc. et alMOTION to Dismiss ViewPoint Bank with PrejudiceE.D. Tex.December 1, 2009IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION WOLF RUN HOLLOW, LLC, Plaintiff, v. COMPASS BANCSHARES, INC., et al. Defendants. CIVIL ACTION NO. 2:09-CV-339-TJW JURY TRIAL DEMANDED MOTION FOR DISMISSAL WITH PREJUDICE Plaintiff, Wolf Run Hollow, LLC, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) and (a)(2), hereby moves for an order dismissing all claims in this action against Defendant Viewpoint Bank WITH PREJUDICE, subject to the terms of that certain agreement entitled "NON-EXCLUSIVE LICENSE AGREEMENT" and dated December 1, 2009, with each party to bear its own costs, expenses and attorneys fees. Dated: December 1, 2009 Respectfully Submitted, WOLF RUN HOLLOW, LLC By: /s/ William E. Davis, III William E. Davis, III Texas State Bar No. 24047416 The Davis Firm, PC 111 West Tyler Street Longview, Texas 75601 Phone: 903-230-9090 Fax: 903-230-9661 Email: bdavis@bdavisfirm.com ATTORNEY FOR PLAINTIFF WOLF RUN HOLLOW, LLC Case 2:09-cv-00339-TJW Document 14 Filed 12/01/2009 Page 1 of 2 2 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing via email on this 1st day of December, 2009. /s/ William E. Davis, III William E. Davis, III Case 2:09-cv-00339-TJW Document 14 Filed 12/01/2009 Page 2 of 2
