STIPULATION TO STRIKE PUNITIVE DAMAGES AND ORDER

LAWRENCE K. KARLTON, District Judge.

IT IS HEREBY STIPULATED by and between Plaintiff, DAVID E. MCMILLAN, JR. ("Plaintiff"), and Defendant, FLOW INTERNATIONAL CORPORATION ("Flow International"), (Plaintiff and Flow International are collectively referred to herein as "the Parties") that Plaintiff will dismiss without prejudice the punitive damages allegations alleged against Flow International as follows:

WHEREAS, on March 7, 2014, Plaintiff filed suit against Defendant Flow International for product liability ("Complaint");

WHEREAS, Plaintiff seeks recovery against Flow International on causes of action for: (1) Strict Product Liability — Design Defect/Manufacturing Defect, (2) Strict Product Liability — Failure to Warn; and (3) Negligence — Product Liability;

WHEREAS Plaintiff alleges Flow International and DOES 51 through 100 were the manufacturers, designers, developers, producers, assemblers, builders, inspectors, installers, and owners of the high pressure Flow Waterjet Cutting Machine that allegedly caused Plaintiff's injuries; and

WHEREAS, the Parties desire to avoid a motion to strike the punitive damages claims alleged against Flow International by entering the following agreement and stipulation.

THEREFORE, the Parties agree and stipulate that Plaintiff's allegations for punitive damages in the Complaint, at Paragraph 60, Page 12, Lines 12 to 22; Paragraph 71, Page 14, Lines 14 to 26; Paragraph 72, Page 14, Line 27 to Page 15, Line 10; and Prayer Letter B, Page 18, Lines 3 to 4, shall be stricken against Flow International without prejudice. The Parties agree and stipulate that Plaintiff reserves the right to amend the complaint to allege punitive damages against Flow International and DOES 51 through 100 upon further discovery and the discovery of facts supporting punitive damages.

IT IS SO STIPULATED.

ORDER

IT IS SO ORDERED.