ORDER

PAUL PAPAK, Magistrate Judge.

This matter comes before the Comt on Defendants' Motion to Dismiss. ECF Dkt. #5. The parties appeared for oral argument on April 5, 2016, at 10:00 a.m. and reached the following stipulations:

First, the patties stipulate that Plaintiffs Third Claim for Relief, for negligent misrepresentation, should be dismissed with prejudice.

Second, the parties agree that Plaintiffs remaining claims are more properly litigated in the earlier-filed Multnomah County Circuit Comt case Bank ofAmerica National Association v. Thomas L. Bauer et al., Case No. 121216501. In June 2013, Plaintiff filed an Answer and Counterclaim in that case, Robinson Decl. Ex. 1, and that counterclaim remains pending before the state court. The parties agree that there are no compulsory counterclaims under Oregon law, but that Plaintiffs counterclaim in the ongoing state court case exercises a potentially preclusive effect on Plaintiffs claims in this case. See State ex rel. English ex rel. Sellers v. Multnomah Cty., 348 Or. 417, 433 n.11 (2010) ("[I]f the defendant actually raises a counterclaim in the first action, the rule of bar applies as though the defendant was a plaintiff in the first action."). The parties stipulate to the dismissal of Plaintiffs remaining claims without prejudice, so that Plaintiff can seek leave to amend the counterclaim in Bank ofAmerica National Association v. Thomas L. Bauer et al., Case No. 121216501.

Therefore, based on the stipulation of the parties, Defendant's Motion to Dismiss, ECF Dkt. #5, is GRANTED in pmt. Plaintiffs Third Claim for Relief, for negligent misrepresentation, is DISMISSED with prejudice. All of Plaintiffs other claims are DISMISSED without prejudice.

IT IS SO ORDERED.