2-Way Computing, Inc. v. Avaya Inc., No. 2:2015cv02233 - Document 42 (D. Nev. 2016)

Court Description: ORDER Granting 41 Motion Motion to Dismiss. IT IS ORDERED that 2-Way's claims for relief against Avaya are dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys fees, costs of court and expenses shall be borne by each party incurring the same. Signed by Chief Judge Gloria M. Navarro on 5/25/16. (Copies have been distributed pursuant to the NEF - PS)
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2-Way Computing, Inc. v. Avaya Inc. Doc. 42 Case 2:15-cv-02233-GMN-CWH Document 41 Filed 05/24/16 Page 1 of 6 1 2 3 4 5 6 7 8 9 RUSS, AUGUST & KABAT 10 11 12 13 14 15 Reza Mirzaie, Esq. (Pro Hac Vice) rmirzaie@raklaw.com Paul S. Kroeger, Esq. (Pro Hac Vice) pkroeger@raklaw.com Stanley H. Thompson, Jr., Esq. (Pro Hac Vice) sthompson@raklaw.com C. Jay Chung, Esq. (Pro Hac Vice) jchung@raklaw.com RUSS, AUGUST & KABAT 12424 Wilshire Boulevard, 12th Floor Los Angeles, California 90025 Telephone: (310) 826-7474 Facsimile: (310) 826-6991 Mark Borghese, Esq. Nevada Bar No. 6231 mark@borgheselegal.com Borghese Legal, Ltd. 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 T: (702) 382-0200 F: (702) 382-0212 Attorneys for Plaintiff 2-WAY COMPUTING INC. 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 19 2-WAY COMPUTING, INC., a Nevada corporation, 20 21 22 23 24 25 26 Plaintiff, Case No.: 2:15-cv-02233-GMN-CWH JOINT MOTION TO DISMISS vs. AVAYA, INC., a Delaware corporation, Defendant. WHEREAS, Plaintiff 2-Way Computing, Inc. (“2-Way”) and Defendant Avaya, Inc. (“Avaya”) have resolved 2-Way’s claims for relief against Avaya. 27 28 Dockets.Justia.com Case 2:15-cv-02233-GMN-CWH Document 41 Filed 05/24/16 Page 2 of 6 1 NOW, THEREFORE, 2-Way and Avaya through their attorneys of record, request this 2 Court to dismiss 2-Way’s claims for relief against Avaya with prejudice with all attorneys’ fees, 3 costs of court and expenses borne by the party incurring same. 4 5 6 7 8 9 RUSS, AUGUST & KABAT 10 11 12 13 14 15 16 17 18 19 20 Attached hereto as Exhibit 1 is a [Proposed] Order of Dismissal with Prejudice. Dated: May 24, 2016 /s/ Mark Borghese Mark Borghese mark@borgheselegal.com BORGHESE LEGAL, LTD. 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone No.: (702) 382-0200 Facsimile No.: (702) 382-0212 Reza Mirzaie (pro hac vice) Paul S. Kroeger (pro hac vice) Stanley H. Thompson, Jr. (pro hac vice) C. Jay Chung (pro hac vice) RUSS, AUGUST & KABAT 12424 Wilshire Boulevard 12th Floor Los Angeles, California 90025 Telephone: 310.826.7474 Attorneys for Plaintiff Respectfully submitted, /s/ Amr O. Aly Michael D. Rounds, Esq. Nevada Bar No. mrounds@bhfs.com BROWNSTE)N (YATT FARBER SC(REK, LLP Kietzke Lane Reno, Nevada Telephone: Facsimile: Amr O. Aly Admitted Pro Hac Vice aaly@mayerbrown.com Gregory J. Apgar Admitted Pro Hac Vice gapgar@mayerbrown.com MAYER BROWN LLP Avenue of the Americas New York, New York Telephone: Facsimile: Attorneys for Defendant Avaya Inc. 21 22 23 24 25 26 27 28 1 Case 2:15-cv-02233-GMN-CWH Document 41 Filed 05/24/16 Page 3 of 6 CERTIFICATE OF SERVICE 1 2 I am a resident of Clark County, Nevada and am over the age of 18 years and not a party 3 to the action. My business address is: 10161 Park Run Drive, Suite 150, Las Vegas, Nevada, 4 89145. 5 On May 24, 2016, I served this document on the parties listed on the attached service list 6 via one or more of the methods of service described below as indicated next to the name of the 7 served individual or entity by a checked box: 8 9 RUSS, AUGUST & KABAT 10 11 PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered by such designated individual whose particular duties include delivery of such on behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her representative accepting on his/her behalf. A receipt of copy signed and dated by such an individual confirming delivery of the document will be maintained with the document and is attached. 12 EMAIL: By transmitting a copy of the document to the electronic-mail address designated by the attorney or the party who has consented to such manner of service. 13 E-FILE: Automatically through the court’s electronic filing system. 14 FAX SERVICE: by transmitting to a facsimile machine maintained by the attorney or the party who has consented to such manner of service. 15 16 17 18 19 20 21 MAIL SERVICE: by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Las Vegas, Nevada. I am readily familiar with the firm’s practice of collection and processing correspondence by mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage fully prepaid at Las Vegas, Nevada in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. I declare that under penalty of perjury under the laws of the State of Nevada that the above is true and correct. I further declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 22 23 /s/ Mark Borghese 24 An employee of BORGHESE LEGAL, LTD. 25 26 27 28 2 Case 2:15-cv-02233-GMN-CWH Document 41 Filed 05/24/16 Page 4 of 6 SERVICE LIST 1 2 3 4 5 6 ATTORNEYS OF RECORD PARTIES REPRESENTED METHOD OF SERVICE Michael D. Rounds BROWNSTEIN HYATT FARBER SCHRECK, LLP 5371 Kietzke Lane Reno, Nevada 89511 Attorneys for Defendant Personal service Email E-File Fax service Mail service Amr Aly Gregory J. Apgar MAYER BROWN LLP 1221 Avenue of the Americas New York, New York 10020-1001 Attorneys for Defendant Personal service Email E-File Fax service Mail service 7 8 9 RUSS, AUGUST & KABAT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case 2:15-cv-02233-GMN-CWH Document 41 Filed 05/24/16 Page 5 of 6 EXHIBIT 1 EXHIBIT 1 Case 2:15-cv-02233-GMN-CWH Document 41 Filed 05/24/16 Page 6 of 6 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 2-WAY COMPUTING, INC., a Nevada corporation, 5 6 7 8 9 Plaintiff, Case No.: 2:15-cv-02233-GMN-CWH [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE vs. AVAYA, INC., a Delaware corporation, Defendant. RUSS, AUGUST & KABAT 10 Plaintiff 2-Way Computing, Inc. (“2-Way”) and Defendant Avaya, Inc. (“Avaya”) 11 announced to the Court that they have resolved 2-Way’s claims for relief against Avaya asserted 12 in this case. 2-Way and Avaya have therefore requested that the Court dismiss 2-Way’s claims 13 for relief against Avaya with prejudice with all attorneys’ fees, costs and expenses taxed against 14 the party incurring same. The Court, having considered this request, is of the opinion that their 15 request for dismissal should be granted. 16 IT IS THEREFORE ORDERED that 2-Way’s claims for relief against Avaya are 17 dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys’ fees, costs of court and 18 expenses shall be borne by each party incurring the same. 19 20 IT IS SO ORDERED: 21 22 23 24 25 26 27 28 ____________________________________ UNITED STATES DISTRICT JUDGE May 25, 2016 DATED: ____________________