JOINT MOTION TO DISMISS

GLORIA M. NAVARRO, Chief District Judge.

WHEREAS, Plaintiff 2-Way Computing, Inc. ("2-Way") and Defendant Cellco Partnership d/b/a Verizon Wireless ("Verizon") have resolved 2-Way's claims for relief against Verizon and Verizon's counterclaims for relief against 2-Way asserted in this case.

NOW, THEREFORE, pursuant to Fed. R. Civ. P. 41(a) and (c), 2-Way and Verizon through their attorneys of record, request this Court to dismiss 2-Way's claims for relief against Verizon with prejudice and Verizon's claims, defenses or counterclaims for relief against 2-Way without prejudice, and with all attorneys' fees, costs of court and expenses borne by the party incurring same.

Attached hereto as Exhibit 1 is a [Proposed] Order of Dismissal.

EXHIBIT 1

Plaintiff 2-Way Computing, Inc. ("2-Way") and Defendant and Counterclaim-Plaintiff Cellco Partnership d/b/a Verizon Wireless ("Verizon") announced to the Court that they have resolved 2-Way's claims for relief against Verizon asserted in this case and Verizon's claims, defenses and/or counterclaims for relief against 2-Way asserted in this case. Pursuant to Fed. R. Civ. P. 41(a) & (c), 2-Way and Verizon have therefore requested that the Court dismiss 2-Way's claims for relief against Verizon with prejudice and Verizon's claims, defenses and/or counterclaims for relief against 2-Way without prejudice, and with all attorneys' fees, costs and expenses taxed against the party incurring same. The Court, having considered this request, is of the opinion that their request for dismissal should be granted.

IT IS THEREFORE ORDERED that 2-Way's claims for relief against Verizon are dismissed with prejudice and Verizon's claims, defenses and/or counterclaims for relief against 2-Way are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a) & (c).

IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same.