IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

COBBLESTONE WIRELESS, LLC, 

Plaintiff, 

v. 

 

CELLCO PARTNERSHIP D/B/A VERIZON 

WIRELESS, 

Defendant. 

Case No. 2:23-cv-00382-JRG-RSP 

LEAD CASE 

COBBLESTONE WIRELESS, LLC,

PLAINTIFF,

v. 

AT&T SERVICES INC.; AT&T MOBILITY LLC; 

AT&T CORP., 

Defendants. 

Case No. 2:23-cv-00380-JRG-RSP 

MEMBER CASE 

COBBLESTONE WIRELESS, LLC, 

 Plaintiff,

 v. 

T-MOBILE USA, INC., 

Defendant. 

Case No. 2:22-cv-00381-JRG-RSP 

MEMBER CASE 

UNOPPOSED MOTION TO CORRECT, OR IN THE ALTERNATIVE, ALTER/AMEND 

ORDER PURSUANT TO FRCP 60(a) OR FRCP 59(e) 

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Plaintiff Cobblestone Wireless, LLC (“Plaintiff” or “Cobblestone”), respectively moves 

this Court to correct its October 18, 2024 Order of dismissal pursuant to Federal Rule of Civil 

Procedure 60(a), or alternatively to alter or amend the Order pursuant to Federal Rule of Civil 

Procedure 59(e), to align with the parties’ intended relief as specified in Dkt No. 105. Defendants 

T-Mobile USA, Inc., AT&T Services Inc., AT&T Mobility LLC, AT&T Enterprises, LLC, and 

Cellco Partnership d/b/a (“Defendants”), and Intervenors Nokia of America Corporation and 

Ericsson Inc. (“Intervenors”) do not oppose this motion. 

I. BACKGROUND 

On October 8, 2024, the parties filed a Joint Motion to Dismiss pursuant to 

 requesting dismissal of Plaintiff’s claims for relief against Defendants with 

prejudice, except that the parties agreed that certain claims based on 

 should be dismissed without prejudice. See Dkt. No. 105 at n.1. Additionally, 

Defendants and Intervenors’ claims, defenses, or counterclaims for relief against Plaintiff should 

also be dismissed without prejudice. Dkt. No. 105. This request for relief was mirrored in the 

proposed order. See id. The Parties also submitted a similar Joint Motion to Dismiss and proposed 

order in a related set of consolidated cases, Cobblestone Wireless, LLC v. T-Mobile USA, Inc., 

Case No. 2:22-cv-477-JRG-RSP (Lead) (“Carrier 1”) at Dkt. No. 222 (Oct. 8, 2024). 

In its October 18, 2024 Order, the Court dismissed with prejudice “all claims and causes 

of action asserted by Plaintiff against Defendants,” without specifying the intended dismissal 

without prejudice for claims concerning or for Defendants’ and 

Intervenors’ claims, defenses, or counterclaims. Dkt No. 107. In contrast, in the related Carrier 1 

case, the Court’s order reflected the parties’ requested relief by dismissing claims with prejudice, 

except for those related to and Defendants’ and Intervenors’ claims, 

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defenses, or counterclaims, which were dismissed without prejudice. See Carrier 1 at Dkt. No. 

224 (Oct. 18, 2024). 

II. DISCUSSION

Federal Rule of Civil Procedure 60(a) permits correction of “clerical mistake[s] or a 

mistake arising from oversight or omission” in orders. The inconsistency in the Court’s October 

18, 2024 Order, which dismissed all claims with prejudice rather than without prejudice for claims 

related to and Defendants and Intervenors’ claims, defenses or 

counterclaims, appears to be a clerical error or oversight. The fact that the Court’s order in the 

Carrier 1 case provided the precise relief sought further underscores this oversight. Accordingly, 

Cobblestone requests that this Court correct the October 18, 2024 Order to conform to the relief 

agreed upon by the Parties. 

 If the Court does not view this as a clerical error, Cobblestone alternatively seeks relief 

under Federal Rule of Civil Procedure 59(e) to alter or amend the October 18, 2024 Order. This 

amendment would ensure the Order reflects the parties’ request, which is pursuant to 

, that claims related to and Defendants’ and Intervenors’ 

claims, defenses, or counterclaims be dismissed without prejudice. 

III. CONCLUSION 

For the reasons stated above, Plaintiff respectfully requests that this Court correct its 

October 18, 2024 Order of dismissal pursuant to Fed. R. Civ. P. 60(a), or, alternatively, alter or 

amend the Order pursuant to Fed. R. Civ. P. 59(e) to align with the relief sought by the parties as 

outlined in Docket No. 105, including dismissal without prejudice certain claims related to 

 and Defendants’ and Intervenors’ claims, defenses, or counterclaims. 

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Dated: November 15, 2024 Respectfully submitted, 

/s/ Reza Mirzaie 

Reza Mirzaie 

CA State Bar No. 246953 

Marc A. Fenster 

CA State Bar No. 181067 

Neil A. Rubin 

CA State Bar No. 250761 

Amy E. Hayden 

CA State Bar No. 287026 

Christian W. Conkle 

CA State Bar No. 306374 

Jonathan Ma 

CA State Bar No. 312773 

RUSS AUGUST & KABAT 

12424 Wilshire Boulevard, 12th Floor 

Los Angeles, CA 90025 

Telephone: 310-826-7474 

Email: rmirzaie@raklaw.com 

Email: mfenster@raklaw.com 

Email: nrubin@raklaw.com 

Email: ahayden@raklaw.com 

Email: cconkle@raklaw.com 

Email: jma@raklaw.com 

ATTORNEYS FOR PLAINTIFF, 

COBBLESTONE WIRELESS, LLC 

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CERTIFICATE OF SERVICE 

I hereby certify that all counsel of record who are deemed to have consented to electronic 

service are being served November 15, 2024, with a copy of this document via the Court’s 

CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by 

electronic mail on this same date. 

 /s/ Reza Mirzaie 

 

 

CERTIFICATE OF CONFERENCE

 The undersigned certifies that counsel complied with the requirements of Eastern District 

of Texas Local Rule CV-7(h). On October 23, 2024, Plaintiff requested Defendants/Intervenors’ 

position on the Motion. On October 25, 2024, counsel for Defendants/Intervenors advised that 

they do not oppose the Motion. 

 /s/ Reza Mirzaie 

 

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