January , 20 ,2009 is very important key date for EDIG and particularly its long time dedicated shareholders . I believe the motion for summary judgement will be dismissed in favor of e.DIGITAL , or at least we will settle with DIGeCOR.The winning partial summary judgement motion is a major victory for EDIG.(also agree with SILVER in this regard ).

FROM 12/03/2008 DOC 298

DIGECOR, INC., a Washington corporation,
Plaintiff,
v.
E.DIGITAL CORPORATION, a Delaware corporation; WILLIAM BLAKELEY; FRED FALK; DOES 1 to 20, individuals;
Defendants.
STIPULATED REQUEST FOR DISMISSAL OF E.DIGITAL’S SECOND, THIRD, AND FOURTH COUNTERCLAIMS
Civil Case No. 02:06-CV-00437
Judge Clark Waddoups
Pursuant to Rule 41(a)(1)(ii) and (c) of the Federal Rules of Civil Procedure, Counterclaim Plaintiff e.Digital Corporation hereby requests that the Court enter an Order dismissing, with prejudice, the Second Counterclaim for Breach of Contract, Third Counterclaim for Injunction, and Fourth Counterclaim for Violation of Utah Trade Secrets Act set forth in e.Digital’s Second Amended Counterclaim (dkt 78), each party to bear its own attorneys’ fees and costs with respect to these claims. Counterclaim Defendant digEcor, Inc. does not object to the dismissal of these claims on these terms. The parties request that the Court enter the order submitted herewith.
1
DATED this 12th day of December, 2008.
RAY QUINNEY & NEBEKER, P.C.
/s/ Ryan B. Bell
Samuel C. Straight
Ryan B. Bell
Attorneys for Defendants e.Digital Corporation, William Blakeley, and Fred Falk
DATED this 12th day of December, 2008.
DURHAM JONES & PINEGAR
/s/ David W. Tufts
David W. Tufts
Erin T. Middleton
Attorneys for Plaintiff digEcor, Inc.
(Signed and filed with authorization of David Tufts)