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Textron Financial Corp. v. Lloyd's Material Supply Company

October 21, 2009

TEXTRON FINANCIAL CORPORATION, A DELAWARE CORPORATION, PLAINTIFF,
v.
LLOYD'S MATERIAL SUPPLY COMPANY, INC., A CALIFORNIA CORPORATION F/D/B/A, AND SUCCESSOR TO CALIFORNIA ACRYLIC INDUSTRIES, INC., A CALIFORNIA CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Judge Gary A. Feess

And Related Counterclaims.

ORDER ON STIPULATED, CONDITIONAL DISMISSAL [F.R.C.P. 41(a)(1)(A)(ii) and (2)

ORDER

Having reviewed the Parties' Stipulated Conditional Dismissal and good cause appearing,

IT IS HEREBY ORDERED, that Defendant's counterclaims shall and hereby are dismissed with prejudice. Plaintiff's Complaint is hereby dismissed without prejudice.

This Court shall retain jurisdiction to enter a judgment on Plaintiff's ex parte application with accompanying declaration of Plaintiff's counsel confirming that a default has occurred in the Parties' Settlement, and that judgment may therefore be entered.

IT IS SO ORDERED.

HON. GARY A. FEESS, UNITED STATES DISTRICT JUDGE

20091021

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