Free Stipulation of Dismissal - District Court of Delaware - Delaware

" Case 1 :04-cv-01276-GIVIS Document 17 Filed 05/24/2005 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
ADMIRAL INSURANCE )
COMPANY, )
)
Plaintiff ) Civil Action No. 04-1276 (GMS)
)
v. )
)
NETMOTION WIRELESS, INC., and )
PADCOM, INC., ) V
)
Defendants )
· STIPULATION OF DISMISSAL
The parties, by their respective undersigned attorneys, and pursuant to Fed.R.Civ.P. 41,
stipulate to the dismissal of this action, with prejudice, and in connection there with, state as
I follows:
1. In this action, Admiral Insurance Company ("Admiral") sought a declaration that
it had no duty to defend or indemnify its insured, NetMotion Wireless, Inc. ("NetMotion"), with
respect to a lawsuit filed against it by Padcom, Inc.("Padcom"), and a counterclaim filed by
Padcom in a lawsuit tiled by NetMotion against Padcom. Both suits are pending in this Court
and this stipulation shall have no effect on those two suits.
2. Padcom was named in this action solely for the puipose of ensuring that it would
be bound by any declaration of the Court.
3. Admiral and NetMotion have now settled all disputes between them relating to
this action and, accordingly, stipulate that this action be dismissed, with prejudice.

" Case 1:04-cv—01276-GIVIS Document 17 Filed 05/24/2005 Page 2 of 2
» TIGHE, COTTRELL & LOGAN, P.A.
Paul Cottrell, Esquire (I.D. #2391)
First Federal Plaza, Suite 500
P.O. Box 1031
Wilmington, DE 19899
(302) 658-6400
OF COUNSEL: Attorneys for Plaintiff
Admiral Insurance Company
Jeffrey A. Goldwater
Robert A. Chaney ·
Bollinger, Ruberry & Garvey
500 W. Madison St.
Suite 2300
Chicago, IL 60661
MORRIS, NICHOLS, ARSHT & TUNNELL
Donald E. Reid, Esquire (I.D. #1058)
1201 North Market Street
P.O.Box 1347
Wilmington, DE 19899
A (302) 658-9200
Attorneys for Defendant
NetMotion Wireless, Inc.
N LANK I ME LLP
A 5 13 05
Thomas P. Preston, Esquire (I.D. #25 8)
1201 North Market Street, Suite 800
Wilmington, DE 19801
(302) 425-6400
Attorneys for Defendant
Padcoin, Inc.
SO ORDERED this day of , 2005.
J.
2