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The Mcgraw Company, A California Corporation; and Western v. H-D Michigan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 9, 2011

THE MCGRAW COMPANY, A CALIFORNIA CORPORATION; AND WESTERN SERVICE CONTRACT CORP. A CALIFORNIA CORPORATION, PLAINTIFFS,
v.
H-D MICHIGAN, LLC, A MICHIGAN LIMITED LIABILITY COMPANY; AND HARLEY-DAVIDSON FINANCIAL SERVICES, INC., A DELAWARE CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Hon. Jeffrey S. White United States District Judge

THOITS, LOVE, HERSHBERGER & McLEAN William J. McLean (Bar No. 039264) Stephen C. Gerrish (Bar No. 0612530 Andrew P. Holland (Bar No. 224737) 285 Hamilton Avenue, Suite 300 Palo Alto, California 94301 Telephone: (650) 327-4200 Facsimile: (650) 325-5572 Attorneys for Plaintiffs and Counterdefendants The McGraw Company and Western Service Contract Corp. PRUETZ LAW GROUP LLP Adrian M. Pruetz (Bar No. 118215)ampruetz@pruetzlaw.com Erica J. Pruetz (Bar No. 227712) ejpruetz@pruetzlaw.com 200 N. Sepulveda Blvd., Suite 1525 El Segundo, California 90245 Telephone: 310.765.7650 Facsimile: 310.765.7641 Attorneys for Defendant and Counterclaimants H-D Michigan, LLC and Harley-Davidson Financial Services, Inc.

STIPULATION OF DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER THEREON And Related Counterclaims.

Plaintiffs and Counter-Defendants, The McGraw Company and Western Service Contract Corp. ("McGraw") and Defendants and Counter-Claimants, H-D Michigan, LLC and Harley- Davidson Financial Services, Inc. ("Harley-Davidson") pursuant to Federal Rule of Civil Procedure 41(a)(1)(A) and the parties separate Settlement Agreement, hereby stipulate and agree that:

1. All claims and counterclaims in this action be dismissed with prejudice.

2. Each party shall bear its own costs and attorneys' fees incurred in this matter.

3. The parties also respectfully request by stipulation that this Court retain jurisdiction over this matter solely to enforce, and pursuant to, the terms of the parties' Settlement Agreement.

PURSUANT TO STIPULATION, IT IS SO ORDERED:

Declaration of Consent

Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Andrew P. Holland. DATED: May 6, 2011 PRUETZ LAW GROUP LLP By /s/ Erica J. Pruetz Erica J. Pruetz Attorneys for Defendant and Counterclaimants H-D Michigan, LLC and Harley-Davidson- Financial Services, Inc.

20110509

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