JOINT STIPULATION FOR DISMISSAL OF DEFENDANT TEMPUR-SEALY INTERNATIONAL, INC. ONLY, WITH PREJUDICE; ORDER

(Scamento County Superior Court, Case No. 34-2016-00205510)

MORRISON C. ENGLAND, Jr., District Judge.

TO THE COURT AND ALL PARTIES:

Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Kristen Morrissey ("Plaintiff") and Defendant Tempur-Pedic North America, LLC, stipulate and jointly request that this Court enter a dismissal with prejudice of Plaintiff's Complaint in the above-entitled action with respect to Defendant Tempur-Sealy International, Inc. only. This stipulation arises from the following facts:

1. Plaintiff named Tempur-Pedic North America, LLC as the only Defendant in the Complaint in this action. Tempur-Pedic North America, LLC filed a motion to dismiss two of Plaintiff's claims, and Plaintiff agreed to file an Amended Complaint withdrawing those two claims. On April 4, 2017, Plaintiff inadvertently named Tempur-Sealy International, Inc. instead of Tempur-Pedic North America, LLC as the Defendant in her First Amended Complaint. [Dkt. 8]

2. On April 7, 2017, Plaintiff filed another First Amended Complaint naming Defendant Tempur-Pedic North America, LLC as the Defendant in the caption of the case, but inadvertently naming Defendant Tempur-Sealy International, Inc. in the body of the pleading. [Dkt.10]

3. On April 19, 2017, Plaintiff filed a Corrected First Amended Complaint naming only Defendant Tempur-Pedic North America, LLC in the caption of the case and in the pleading. [Dkt. 13]

Based upon the above inadvertent errors, the parties stipulate to the dismissal with prejudice of Tempur-Sealy International Inc. as a Defendant in this matter.

IT IS SO STIPULATED.

ORDER

Pursuant to stipulation, it is hereby ordered that Tempur-Sealy International Inc. is dismissed from this action with prejudice. The case shall proceed on the remaining claims against Defendant Tempur-Pedic North America, LLC.

IT IS SO ORDERED.