Opinion
No. 4:04-CV-410-A.
July 30, 2004
ORDER
Came on for consideration the motion of defendant, Tex Mall, L.P., for partial summary judgment. The motion requests summary judgment in favor of defendant as to the copyright infringement claims of plaintiff, Carter Burgess, Inc.
On July 19, 2004, plaintiff filed a response to said motion and indicated that it did not oppose the granting of such motion, provided that defendant's representative executed an affidavit that "there was no use of the Works by Tex Mall, its authorized representatives and any third party where any of Carter Burgess' work product related to the North Hills Mall was copied, reproduced, or used in any way by any third party to create derivative works of the work product." Pl.'s Resp. at 3. On July 29, 2004, plaintiff filed a supplemental response to defendant's motion. Attached to the supplemental response is an affidavit that plaintiff represents satisfies its requirement. The parties also filed a stipulation of dismissal wherein each party stated that it agrees to the court's granting of defendant's motion for partial summary judgment and to the dismissal without prejudice of plaintiff's other claims.
Accordingly,
The court ORDERS that defendant's motion for partial summary judgment be, and is hereby, granted, that plaintiff's copyright infringement claims be, and are hereby, dismissed with prejudice, and that plaintiff's other claims against defendant in the above-captioned action be, and are hereby, dismissed without prejudice.