Kenneth D. Friedman, Esq. 

MANATT, PHELPS & PHILLIPS, LLP 

7 Times Square 

New York, New York 10036 

Telephone: (212) 790-4500 

Attorneys for Defendants 

Paging Systems, Inc. and Touch Tel Corporation 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

WARREN HAVENS, SKYBRIDGE 

SPECTRUM FOUNDATION, a Delaware 

nonprofit corporation; TELESAURUS VPC, 

LLC, a Delaware limited liability company; 

AMTS CONSORTIUM, LLC, a Delaware 

Limited Liability Company; INTELLIGENT 

TRANSPORTATION & MONITORING, LLC, 

a Delaware Limited Liability Company; and 

TELESAURUS HOLDINGS GB, LLC, a 

Delaware Limited Liability Company, 

Plaintiffs, 

v. 

MOBEX NETWORK SERVICES, LLC, a 

Delaware Limited Liability Company; MOBEX 

COMMUNICATIONS, INC., a Delaware 

corporation; MARITIME 

COMMUNICATIONS/LAND MOBILE, LLC, 

a Delaware Limited Liability Company; 

PAGING SYSTEMS, INC., a California 

Corporation; TOUCH TEL CORPORATION, a 

California corporation; and JOHN DOE Nos. 1-

20, 

Defendants. 

Civil Action No. 2:11-CV-00993-KSH-CW 

Motion Returnable: April 7, 2014 

ORAL ARGUMENT REQUESTED 

NOTICE OF MOTION 

TO ENFORCE SETTLEMENT 

AGREEMENT AND FOR 

DISMISSAL WITH PREJUDICE 

PURSUANT TO RULE 41(b) 

To: R.N. Tendai Richards, Esq. 

 Winnie, Banta, Heterington, Basralian & Kahn, P.C.

 21 Main Street 

 Court Plaza South, East Wing 

 Hackensack, New Jersey 07601 

Case 2:11-cv-00993-KSH-CLW Document 203 Filed 03/14/14 Page 1 of 4 PageID: 5620
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PLEASE TAKE NOTICE that on Monday April 7, 2014 at 9:00 a.m., or as soon 

thereafter as counsel may be heard, defendants Paging Systems, Inc. and Touch Tel Corporation 

(collectively, the “Paging Systems Defendants”), shall move, through their undersigned counsel, 

in the United States District Court for the District of New Jersey, 50 Walnut Street, Newark, 

New Jersey, before the Honorable Katherine S. Hayden, U.S.D.J., pursuant to Rule 7.1 of the 

Local Rules of the United States District Court for the District of New Jersey, for an order 

granting the Paging Systems Defendants’ Motion to Enforce Settlement Agreement and For 

Dismissal with Prejudice and 

(a) compelling Plaintiffs to promptly execute and deliver, via email, the Transfer 

Documents and Officer’s Certificates memorializing the assignments of 

geographic AMTS license effected by numbered paragraphs 2 and 3 of the 

Settlement Agreement made and entered into April 8, 2013 (“Settlement 

Agreement”), by and between Plaintiffs and the Paging Systems Defendants and 

promptly notify the FCC the assignment called for in the Settlement Agreement 

have been completed, 

(b) compelling Plaintiffs to promptly cause their counsel of record to execute and 

deliver, via email, a stipulation, in the form agreed to by the parties, dismissing 

the sole remaining claim in Plaintiffs’ Second Amended Complaint, alleging 

violation of the Sherman Antitrust Act § 1, against the Paging Systems 

Defendants, with prejudice, 

(c) directing that Plaintiffs failure to deliver the above-referenced executed closing 

documents and executed stipulation of dismissal to counsel for the Paging 

Systems Defendants within seven (7) days of the date of the order will result in 

Case 2:11-cv-00993-KSH-CLW Document 203 Filed 03/14/14 Page 2 of 4 PageID: 5621
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the dismissal of this action against the Paging Systems Defendants, with 

prejudice, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, and 

(d) awarding such other and further relief that the Court deems equitable and proper. 

PLEASE TAKE FURTHER NOTICE that, in support of this motion, the Paging Systems 

Defendants shall rely upon the supporting Brief and Certification of Kenneth D. Friedman, Esq., 

with accompanying exhibits, submitted herewith, together with any papers that the Paging 

Systems Defendants may submit in reply to any opposition filed; 

PLEASE TAKE FURTHER NOTICE that the Paging Systems Defendants request oral 

argument if this motion is opposed; and 

PLEASE TAKE FURTHER NOTICE that at the time and place aforesaid, the Paging 

Systems Defendants will request that the proposed Order submitted herewith be entered by the 

Court. 

Dated: New York, New York. 

March 14, 2014 

Respectfully submitted, 

MANATT, PHELPS & PHILLIPS, LLP 

By: /s/ Kenneth D. Friedman _

Kenneth D. Friedman 

7 Times Square 

New York, New York 10036 

Tel.: (212) 790-4500 

Attorneys for Defendants 

Paging Systems Inc. and 

Touch Tel Corporation 

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CERTIFICATE OF SERVICE 

I, Kenneth D. Friedman, hereby certify pursuant to 28 U.S.C. § 1746 that: 

1. I am an attorney-at-law of the State of New Jersey, a member in good standing of 

the Bar of this Court and a partner in the law firm of Manatt, Phelps & Phillips, LLP, attorneys 

for defendants Paging Systems, Inc. and Touch Tel Corporation in the above-captioned action. 

2. On this date, I filed the annexed NOTICE OF MOTION TO ENFORCE 

SETTLEMENT AGREEMENT AND FOR DISMISSAL WITH PREJUDICE PURSUANT 

TO RULE 41(b); the BRIEF IN SUPPORT OF THE PAGING SYSTEMS DEFENDANTS’ 

MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR DISMISSAL WITH 

PREJUDICE PURSUANT TO RULE 41(b); the CERTIFICATION OF KENNETH D. 

FRIEDMAN, ESQ.; and the (PROPOSED) ORDER GRANTING THE PAGING 

SYSTEMS DEFENDANTS’ MOTION TO ENFORCE SETTLEMENT AGREEMENT 

AND FOR DISMISSAL WITH PREJUDICE PURSUANT TO RULE 41(b) with the C/M 

ECF system for the U.S. District Court for the District of New Jersey, thereby effectuating 

service upon all counsel of record via electronic means. 

I certify under the penalty of perjury that the foregoing statements are true and correct. 

Executed in New York, New York on this 14th day of March, 2014. 

 /s/ Kenneth D. Friedman _ 

Kenneth D. Friedman 

311629306.1 

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