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HENRY-GRIFFITTS, INC. v. ACUSHNET COMPANY

United States District Court, S.D. California


October 11, 2005.

HENRY-GRIFFITTS, INC., a Delaware corporation, Plaintiff,
v.
ACUSHNET COMPANY, a Delaware corporation, ROGER CLEVELAND GOLF COMPANY, INC., TAYLOR MADE GOLF COMPANY, Defendants. ACUSHNET COMPANY, a Delaware corporation, ROGER CLEVELAND GOLF COMPANY, INC., TAYLOR MADE GOLF COMPANY, Counterclaimants, v. HENRY-GRIFFITTS, INC., a Delaware corporation, Counterclaim Defendant.

The opinion of the court was delivered by: LARRY BURNS, Magistrate Judge

STIPULATION OF DISMISSAL

Plaintiff Henry-Griffitts, Inc. ("Henry-Griffitts") and Acushnet Company ("Acushnet") file this stipulation of dismissal under Fed.R.Civ.P. 41(a)(1)(ii) whereby Henry-Griffitts moves to dismiss the suit with respect to Acushnet who has answered and agrees to the dismissal of Acushnet and Acushnet's counterclaims filed in this action. Henry-Griffitts has not dismissed an action based on or including the same claims as those presented in this suit with respect to Acushnet.

  Henry-Griffitts and Acushnet stipulate that this dismissal is with prejudice, with each party to bear its own attorneys' fees and costs. ORDER

  It is hereby ORDERED that Henry-Griffitts' claims against Acushnet and Acushnet's counterclaim only against Henry-Griffitts are dismissed with prejudice. Each party shall bear their own fees and costs.

  IT IS SO ORDERED.

20051011

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