THIRD-PARTY DEFENDANT NEVADA COUNTERTOP CORPORATION OF NEVADA'S STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE AND TO DEEM THE SETTLEMENT AGREEMENT AND RELEASE EXECUTED BY NEVADA COUNTERTOP CORPORATION

ECF No. 280.

JENNIFER A. DORSEY, District Judge.

THIRD-PARTY DEFENDANT NEVADA COUNTERTOP CORPORATION OF NEVADA'S STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE AND TO DEEM THE SETTLEMENT AGREEMENT AND RELEASE EXECUTED BY NEVADA COUNTERTOP CORPORATION

COMES NOW, Third-Party Plaintiff, CENTEX HOMES, by and through its attorney, Sarah J. Odia, Esq., of the law firm of PAYNE & FEARS, and Third-Party Defendant, NEVADA COUNTERTOP CORPORATION by and through its attorney of record, Kevin A. Brown and Jill P. Northway, of the law firm of BROWN, BONN & FRIEDMAN, LLP, and hereby stipulate to dismiss Third-Party Defendant NEVADA COUNTERTOP CORPORATION, from the action with prejudice. The parties further stipulate to Deem the Settlement Agreement and Release Executed by NEVADA COUNTERTOP CORPORATION, because NEVADA COUNTERTOP CORPORATION is an out of business enterprise with no ability to sign the Settlement Agreement. The Parties agree that in connection with this dismissal, each party to bear its own attorney's fees and costs.

This Stipulation is entered into in good faith, in the interests of judicial economy and not for the purposes of delay.

ORDER

The parties have stipulated and agreed to the dismissal of the Third-Party Defendant, NEVADA COUNTERTOP CORPORATION, as set forth in the Stipulation, and good cause appearing.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Third-Party Plaintiff, CENTEX HOMES'S, Third-Party Complaint as to Third-Party Defendant, NEVADA COUNTERTOP CORPORATION, be dismissed with prejudice and to Deem the Settlement Agreement Signed by NEVADA COUNTERTOP CORPORATION. The Parties will each bear their own respective attorney's fees and costs herein.