Filed: Sep. 14, 2016
Latest Update: Sep. 14, 2016
Summary: STIPULATION AND ORDER TO DISMISS WITHOUT PREJUDICE ECF No. 26 JENNIFER DORSEY , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff, VOIP-PAL.COM, by and through its attorney of record KURT BONDS, ESQ., and ADAM R. KNECHT, ESQ., of the law firm ALVERSON TAYLOR MORTENSEN & SANDERS, and Defendants LOCKSMITH FINANCIAL CORPORATION, INC.; TK INVESTMENT; RICHARD G. KIPPING, and TERRY KWAN, by and through their attorney of record, HAROLD P. GEWERTER, ESQ., and ELAINE A. DOWLING, ESQ
Summary: STIPULATION AND ORDER TO DISMISS WITHOUT PREJUDICE ECF No. 26 JENNIFER DORSEY , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff, VOIP-PAL.COM, by and through its attorney of record KURT BONDS, ESQ., and ADAM R. KNECHT, ESQ., of the law firm ALVERSON TAYLOR MORTENSEN & SANDERS, and Defendants LOCKSMITH FINANCIAL CORPORATION, INC.; TK INVESTMENT; RICHARD G. KIPPING, and TERRY KWAN, by and through their attorney of record, HAROLD P. GEWERTER, ESQ., and ELAINE A. DOWLING, ESQ...
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STIPULATION AND ORDER TO DISMISS WITHOUT PREJUDICE
ECF No. 26
JENNIFER DORSEY, District Judge.
IT IS HEREBY STIPULATED by and between Plaintiff, VOIP-PAL.COM, by and through its attorney of record KURT BONDS, ESQ., and ADAM R. KNECHT, ESQ., of the law firm ALVERSON TAYLOR MORTENSEN & SANDERS, and Defendants LOCKSMITH FINANCIAL CORPORATION, INC.; TK INVESTMENT; RICHARD G. KIPPING, and TERRY KWAN, by and through their attorney of record, HAROLD P. GEWERTER, ESQ., and ELAINE A. DOWLING, ESQ., of the law firm of GEWERTER & DOWLING, that the above entitled matter be dismissed without prejudice, each side to bear their own attorney fees and costs and a mutual release regarding the subject matter hereof is granted to all parties to this Stipulation.
The Parties agree that the Stipulation does not affect the parties or have any preclusive effect on any ongoing litigation in any other jurisdiction. Furthermore, the parties agree that any claims that have been filed by either party with respect to this action to date; will be tolled until the conclusion of the Clark County, Nevada district court case.
Federal Rule of Civil Procedural 41(a)(1)(A)(ii) allows the parties to dismiss a case without court approval if all parties sign the stipulation:
(a) Voluntary Dismissal.
(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
. . .
(ii) a stipulation of dismissal signed by all parties who have appeared.
All of the parties agree to the Stipulation. Rules 23(e), 23.1(c), 23.2 and 66 do not apply.
ORDER
Based on the parties' stipulation [ECF No. 26], IT IS HEREBY ORDERED that THIS ACTION IS DISMISSED without prejudice. The Clerk of Court is directed to CLOSEDATED this __ day of ____, 2016. THIS CASE.
