Filed: Oct. 02, 2018
Latest Update: Oct. 02, 2018
Summary: STIPULATION OF ALL PARTIES TO DISMISSAL OF ENTIRE ACTION WITH PREJUDICE (FED. R. CIV. PROC. 41) JON S. TIGAR , District Judge . RECITALS WHEREAS, each of the parties in this action have agreed to settle this action its entirety; and, WHEREAS, each of the parties to this action executed a Mutual Release and Settlement Agreement ("Settlement") on or about September 20, 2018, which among other things, provides that this action shall be dismissed with prejudice in its entirety against all par
Summary: STIPULATION OF ALL PARTIES TO DISMISSAL OF ENTIRE ACTION WITH PREJUDICE (FED. R. CIV. PROC. 41) JON S. TIGAR , District Judge . RECITALS WHEREAS, each of the parties in this action have agreed to settle this action its entirety; and, WHEREAS, each of the parties to this action executed a Mutual Release and Settlement Agreement ("Settlement") on or about September 20, 2018, which among other things, provides that this action shall be dismissed with prejudice in its entirety against all part..
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STIPULATION OF ALL PARTIES TO DISMISSAL OF ENTIRE ACTION WITH PREJUDICE (FED. R. CIV. PROC. 41)
JON S. TIGAR, District Judge.
RECITALS
WHEREAS, each of the parties in this action have agreed to settle this action its entirety; and,
WHEREAS, each of the parties to this action executed a Mutual Release and Settlement Agreement ("Settlement") on or about September 20, 2018, which among other things, provides that this action shall be dismissed with prejudice in its entirety against all parties, including the current Second Amended Complaint ("Complaint") filed by Plaintiff and Counterdefendant Sustainable Ranching Partners, Inc. ("Sustainable") against Defendants and Counterclaimants Bering Pacific Ranches Limited ("BPR"), and Patrick Harvie ("Harvie"), and the Counterclaim filed by BPR and Harvie against Sustainable and Counter-defendant Chris Donati ("Donati").
STIPULATION
Given the foregoing facts, each party in this action, acting through their respective attorneys of record, hereby stipulate and agree as follows:
1. Sustainable's Complaint in this action shall be dismissed against all defendants with prejudice;
2. BPR's and Harvie's Counterclaim in this action shall be dismissed against all Counterdefendants with prejudice;
3. Each party shall bear its own costs and fees incurred in this action;
4. This stipulation shall constitute and be deemed to be a voluntary dismissal of this action with prejudice in its entirety in all respects under Federal Rule of Civil Procedure 41, or otherwise; and,
5. The Court may, to the extent required by law, enter an order on this Stipulation dismissing this action with prejudice in its entirety, including Sustainable's Complaint and BPR's and Harvie's Counterclaim.
CONCURRENCE IN FILING
Pursuant to L.R. 5-1(i)(3), the undersigned hereby attests that all parties have concurred in the filing of this stipulation.
ORDER
The Court, having considered the stipulation of the parties to the voluntary dismissal of this action, hereby orders that this action is dismissed in its entirety with prejudice against all parties.
IT IS SO ORDERED.
