CAUSE NO.

DC-18-19179

WADE CALLENDER, Individually, § IN THE DISTRICT COURT OF

§
Plaintiff/Counter-Defendant, §
§
and §
§
WADE CALLENDER, on behalf of THE §
HATCH, LLC, §
§
Plaintiff, § DALLAS COUNTY, TEXAS
§
v. §
§
GEARBOX SOFTWARE, LLC, §
§
Defendant/Counter-Plaintiff, §
§
and §
§
RANDALL PITCHFORD, II, §
§
Defendant. § 162nd JUDICIAL DISTRICT

AGREED MOTION FOR DISMISSAL WITH PREJUDICE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Plaintiff/Counter-Defendant WADE CALLENDER, Individually,

Plaintiff WADE CALLENDER, on behalf of The Hatch, LLC, Defendant/Counter-Plaintiff

GEARBOX SOFTWARE, LLC, and Defendant RANDALL PITCHFORD, II (collectively

hereinafter, the “Parties”), in the above-styled and numbered cause, and move this Court to

dismiss Plaintiff’s claims against Defendant and Counter-Plaintiff’s claims against Counter-

Defendant and in support would respectfully show the Court as follows:

The Parties have resolved all claims between them and append to this Agreed Motion for

Dismissal with Prejudice the statement attached as Exhibit A. Accordingly, the Parties

AGREED MOTION FOR DISMISSAL WITH PREJUDICE PAGE 1

respectfully ask this Court to enter an order dismissing all of Plaintiff’s claims against

Defendant, with prejudice, and all of Counter-Plaintiff claims against Counter-Defendant, with

prejudice, and stating that each party shall bear its respective court costs.

WHEREFORE, PREMISES CONSIDERED, Plaintiff/Counter-Defendant WADE

CALLENDER, Individually; Plaintiff WADE CALLENDER, on behalf of The Hatch, LLC;

Defendant/Counter-Plaintiff GEARBOX SOFTWARE, LLC; and Defendant RANDALL

PITCHFORD, II request that this Court dismiss Plaintiff’s claims against Defendants, with

prejudice as to Plaintiff’s right to refile the same, and that this Court dismiss Counter-Plaintiff’s

claims against Counter-Defendant, with prejudice as to Counter-Plaintiff’s right to refile the

same.

AGREED MOTION FOR DISMISSAL WITH PREJUDICE PAGE 2

 Respectfully submitted,
By:/s/ Blake L. Beckham (with permission)
Blake L. Beckham
State Bar No. 02016500
blake@beckham-group.com
Jose M. Portela
State Bar No. 90001241
jose@beckham-group.com
THE BECKHAM GROUP, P.C.
3400 Carlisle, Suite 550
Dallas, Texas 75204
Telephone: (214) 965-5133
Facsimile: (214) 965-9301
James S. Bell
State Bar No. 24049314
james@jamesbellpc.com
Kelley E. Cash
State Bar No. 24001852
kelley@jamesbellpc.com
JAMES S. BELL, PC
2808 Cole Avenue
Dallas, Texas 75204
CO-COUNSEL FOR WADE CALLENDER
Individually on behalf of THE HATCH,
LLC.
AGREED MOTION FOR DISMISSAL WITH PREJUDICE
By:/s/ Barry A. Moscowitz
Barry A. Moscowitz
State Bar No. 24004830
bmoscowitz.@thompsoncoe.com
Leslie W. Richardson
State Bar No. 24079830
lwrichardson@thompsoncoe.com
Cassie J. Dallas
State Bar No. 24074105
cdallas@thompsoncoe.com
THOMPSON, COE, COUSINS & IRONS, LLP
700 N. Pearl Street, 25th Floor
Dallas, Texas 75201
Telephone: (214) 871-8200
Facsimile: (214) 871-8209
ATTORNEYS FOR GEARBOX SOFTWARE,
LLC AND RANDALL PITCHFORD II
PAGE 3
 CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been delivered to the following counsel as indicated below on this 2nd day of October, 2019:

Blake L. Beckham Via Email: blake@beckham-group.com

THE BECKHAM GROUP, P.C.
3400 Carlisle, Suite 550
Dallas, Texas 75204
Telephone: (214) 965-5133
Facsimile: (214) 965-9301

James S. Bell Via Email: james@jamesbellpc.com

Kelley E. Cash Via Email: kelley@jamesbellpc.com
James S. Bell, PC
2808 Cole Avenue
Dallas, Texas 75204
Co-Counsel for Wade Callender, Individually
and on behalf of The Hatch, LLC

/s/ Barry A. Moscowitz

Barry A. Moscowitz

AGREED MOTION FOR DISMISSAL WITH PREJUDICE PAGE 4

Exhibit A
 CAUSE NO. DC-18-19179

WADE CALLENDER, Individually, § IN THE DISTRICT COURT OF

§
Plaintiff/Counter-Defendant, §
§
and §
§
WADE CALLENDER, on behalf of THE §
HATCH, LLC, §
§
Plaintiff, § DALLAS COUNTY, TEXAS
§
v. §
§
GEARBOX SOFTWARE, LLC, §
§
Defendant/Counter-Plaintiff, §
§
and §
§
RANDALL PITCHFORD, II, §
§
Defendant. § 162nd JUDICIAL DISTRICT

DISMISSAL STATEMENT

Upon review of all the evidence in the case, it was of the opinion of counsel that the

evidence exonerated Randy Pitchford from the allegations against him; all misunderstandings

between the parties have been corrected, and apologies were exchanged. Because the parties are

mutually bound by confidentiality, no additional statements will be forthcoming.

DISMISSAL STATEMENT PAGE SOLO