Filed: Feb. 18, 2014
Latest Update: Feb. 18, 2014
Summary: STIPULATION BETWEEN ADP COMMERCIAL LEASING, LLC AND BONESSA ENTERPRISES, INC. DISMISSING ONLY BONESSA ENTERPRISES, INC. WITH PREJUDICE LAWRENCE J. O'NEILL, District Judge. ADP Commercial Leasing, LLC, a Plaintiff, and Bonessa Enterprises, Inc., one of the Defendants, hereby stipulate that: 1. Plaintiffs filed a Complaint in this action on April 22, 2013. In the Complaint, ADP Commercial Leasing, LLC seeks damages from M.G. Santos, Inc., West Side Sales Co., Inc. and Bonessa Enterprises, Inc.
Summary: STIPULATION BETWEEN ADP COMMERCIAL LEASING, LLC AND BONESSA ENTERPRISES, INC. DISMISSING ONLY BONESSA ENTERPRISES, INC. WITH PREJUDICE LAWRENCE J. O'NEILL, District Judge. ADP Commercial Leasing, LLC, a Plaintiff, and Bonessa Enterprises, Inc., one of the Defendants, hereby stipulate that: 1. Plaintiffs filed a Complaint in this action on April 22, 2013. In the Complaint, ADP Commercial Leasing, LLC seeks damages from M.G. Santos, Inc., West Side Sales Co., Inc. and Bonessa Enterprises, Inc. A..
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STIPULATION BETWEEN ADP COMMERCIAL LEASING, LLC AND BONESSA ENTERPRISES, INC. DISMISSING ONLY BONESSA ENTERPRISES, INC. WITH PREJUDICE
LAWRENCE J. O'NEILL, District Judge.
ADP Commercial Leasing, LLC, a Plaintiff, and Bonessa Enterprises, Inc., one of the Defendants, hereby stipulate that:
1. Plaintiffs filed a Complaint in this action on April 22, 2013. In the Complaint, ADP Commercial Leasing, LLC seeks damages from M.G. Santos, Inc., West Side Sales Co., Inc. and Bonessa Enterprises, Inc. ADP Commercial Leasing, LLC asserts that each Defendant breached, among other things, a separate finance lease for computer equipment.
2. With leave of Court, Plaintiffs amended their complaint through a First Amended Complaint which no longer seeks relief on an equipment lease from Bonessa Enterprises, Inc., and now seeks relief instead relating to the same lease from Michael Santos, or in the alternative, from M.G. Santos, Inc.
3. The parties to this Stipulation hereby agree that this amendment will result in the dismissal with prejudice only of Defendant Bonessa Enterprises, Inc.
4. Bonessa Enterprises, Inc. also hereby stipulates that it shall not seek court costs and attorneys' fees against ADP Commercial Leasing, LLC.
5. By executing this Stipulation, each party preserves all of its rights against all other parties to this litigation. In particular, the parties to this Stipulation do not waive or release any rights and expressly preserve all rights against M.G. Santos, Inc., West Side Sales Co., Inc., Michael Santos, Marion Santos, Henry J. Flores. and against any other party including, without limitation, any and all rights under the lease among the parties which recites that the lessee is Bonessa Enterprises, Inc.
ORDER ON STIPULATION
The Court accepts this Stipulation and Orders that this dismissal by Plaintiff ADP Commercial Leasing, LLC's of Bonessa Enterprises, Inc. ONLY shall be WITH PREJUDICE, and that ADP Commercial Leasing, LLC shall not owe any costs or attorneys' fees to Bonessa Enterprises, Inc. The clerk is directed NOT to close this action.
IT IS SO ORDERED.
