CAUSE NO. DC-18-19179 WADE CALLENDER, Individually, Plaintiff/Counter-Defendant, and WADE CALLENDER, on behalf of THE HATCH, LLC, Plaintiff, v. GEARBOX SOFTWARE, LLC, Defendant/Counter-Plaintiff, and RANDALL PITCHFORD, II, Defendant. § § §
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§ § § § § § § § § § § § § § § IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 162nd JUDICIAL DISTRICT
AGREED MOTION FOR DISMISSAL WITH PREJUDICE
TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Plaintiff/Counter-Defendant WADE CALLENDER, Individually, Plaintiff WADE CALLENDER, on behalf of The Hatch, LLC, Defendant/Counter-Plaintiff GEARBOX SOFTWARE, LLC, and Defendant RANDALL PITCHFORD, II (collectively hereinafter, the “Parties”), in the above-styled and numbered cause, and move this Court to dismiss Plaintiff’s claims against Defendant and Counter-Plaintiff’s claims against Counter-Defendant and in support would respectfully show the Court as follows: The Parties have resolved all claims between them and append to this Agreed Motion for Dismissal with Prejudice the statement attached as Exhibit A. Accordingly, the Parties
AGREED
MOTION
FOR
DISMISSAL
WITH
PREJUDICE PAGE
1
respectfully ask this Court to enter an order dismissing all of Plaintiff’s claims against Defendant, with prejudice, and all of Counter-Plaintiff claims against Counter-Defendant, with prejudice, and stating that each party shall bear its respective court costs. WHEREFORE, PREMISES CONSIDERED, Plaintiff/Counter-Defendant WADE CALLENDER, Individually; Plaintiff WADE CALLENDER, on behalf of The Hatch, LLC; Defendant/Counter-Plaintiff GEARBOX SOFTWARE, LLC; and Defendant RANDALL PITCHFORD, II request that this Court dismiss Plaintiff’s claims against Defendants, with prejudice as to Plaintiff’s right to refile the same, and that this Court dismiss Counter-Plaintiff’s claims against Counter-Defendant, with prejudice as to Counter-Plaintiff’s right to refile the same.
AGREED
MOTION
FOR
DISMISSAL
WITH
PREJUDICE PAGE
2
Respectfully submitted, By:
/s/ Blake L. Beckham (with permission)
Blake L. Beckham State Bar No. 02016500 blake@beckham-group.com Jose M. Portela State Bar No. 90001241 jose@beckham-group.com THE
BECKHAM
GROUP,
P.C. 3400 Carlisle, Suite 550 Dallas, Texas 75204 Telephone: (214) 965-5133 Facsimile: (214) 965-9301 James S. Bell State Bar No. 24049314 james@jamesbellpc.com Kelley E. Cash State Bar No. 24001852 kelley@jamesbellpc.com JAMES S. BELL, PC 2808 Cole Avenue Dallas, Texas 75204
CO-COUNSEL FOR WADE CALLENDER Individually on behalf of THE HATCH, LLC.
By:
/s/ Barry A. Moscowitz
Barry A. Moscowitz State Bar No. 24004830 bmoscowitz.@thompsoncoe.com Leslie W. Richardson State Bar No. 24079830 lwrichardson@thompsoncoe.com Cassie J. Dallas State Bar No. 24074105 cdallas@thompsoncoe.com THOMPSON, COE, COUSINS & IRONS, LLP 700 N. Pearl Street, 25th Floor Dallas, Texas 75201 Telephone: (214) 871-8200 Facsimile: (214) 871-8209
ATTORNEYS FOR GEARBOX SOFTWARE, LLC AND RANDALL PITCHFORD II
AGREED
MOTION
FOR
DISMISSAL
WITH
PREJUDICE PAGE
3