STIPULATION RE: DISMISSAL [FRCP 41(a); [PROPOSED] ORDER AND RELATED COUNTERCLAIM
Plaintiff and Counter-defendant BRUNI GLASS PACKAGING, ING., a Florida corporation ("Plaintiff" or "Bruni"), and Counter-defendant BRUNI GLASS, S.p.A. ("Bruni Italy"), on the one hand, and Counterclaimant and Defendant COPAIN WINE CELLARS, LLC, a California limited liability company ("Copain"), on the other hand, hereby stipulate as follows:
WHEREAS, Bruni filed the complaint in this action on May 29, 2009; and
WHEREAS, Copain filed an answer to the complaint on July 6, 2009; and
WHEREAS, Copain filed a counterclaim on July 6, 2009; and
WHEREAS Bruni answered the counterclaim on October 6, 2009; and
WHEREAS, on March 12, 2010, the parties engaged in mediation and, without any admission of liability on the part of any party, reached a settlement of the entire action, including the claims of both the complaint and the counterclaim; and
WHEREAS, the parties have agreed to dismiss all claims being made in this action with prejudice; and
WHEREAS, the parties have, except as otherwise provided in their settlement agreement, agreed mutually to waive any attorney's fees and costs incurred to date in defense and/or prosecution of the above matter;
NOW THEREFORE, the Parties agree as follows:
1.0 The foregoing recitals are hereby incorporated by this reference.
2.0 This Stipulation is entered into pursuant to Rule 408 of the Federal Rules of Evidence and shall not be admissible for any purpose.
3.0 In consideration of this Stipulation, except as otherwise provided in their settlement agreement, the parties agree to a full and complete mutual waiver of any claim for any attorney's fees or costs incurred to date in prosecution and defense of this action as against each other.
4.0 Plaintiff shall file this Stipulation with the Court for an order thereon, dismissing this action with prejudice, each Party ...