Filed: Jan. 05, 2017
Latest Update: Jan. 05, 2017
Summary: STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE ROBERT C. JONES , District Judge . The Plaintiffs, ESCO Corporation and ESCO Canada Ltd. and the Defendants, Cashman Equipment Co., Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products (USA) Inc., and Raptor Mining Products Inc., pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby move for an order dismissing all claims and counterclaims in this action WITH PREJUDICE, subject to the terms of that certain agreement entitled "
Summary: STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE ROBERT C. JONES , District Judge . The Plaintiffs, ESCO Corporation and ESCO Canada Ltd. and the Defendants, Cashman Equipment Co., Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products (USA) Inc., and Raptor Mining Products Inc., pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby move for an order dismissing all claims and counterclaims in this action WITH PREJUDICE, subject to the terms of that certain agreement entitled " ..
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STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE
ROBERT C. JONES, District Judge.
The Plaintiffs, ESCO Corporation and ESCO Canada Ltd. and the Defendants, Cashman Equipment Co., Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products (USA) Inc., and Raptor Mining Products Inc., pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby move for an order dismissing all claims and counterclaims in this action WITH PREJUDICE, subject to the terms of that certain agreement entitled "PATENTS SETTLEMENT AGREEMENT" and dated November 30, 2016, with each party to bear its own costs, expenses and attorneys' fees.
[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE
CAME ON THIS DAY for consideration of the Stipulated Motion for Dismissal With Prejudice of all claims and counterclaims asserted between Plaintiffs, ESCO Corporation and ESCO Canada Ltd. and Defendants, Cashman Equipment Co., Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products (USA) Inc., and Raptor Mining Products Inc., in this case, and the Court being of the opinion that said motion should be GRANTED, it is hereby
ORDERED, ADJUDGED AND DECREED that:
All claims and counterclaims asserted in this suit between Plaintiffs, ESCO Corporation and ESCO Canada Ltd. and Defendants, Cashman Equipment Co., Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products (USA) Inc., and Raptor Mining Products Inc., are hereby dismissed with prejudice, subject to the terms of that certain agreement entitled "PATENTS SETTLEMENT AGREEMENT" and dated November 30, 2016; and all attorneys' fees and costs are to be borne by the party that incurred them.
IT IS SO ORDERED.
