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Press Rentals, Inc v. Genesis Fluid Solutions

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 11, 2012

PRESS RENTALS, INC.,
PLAINTIFF,
v.
GENESIS FLUID SOLUTIONS, LTD. AND MICHAEL K. HODGES,, DEFENDANTS AND THIRD-PARTY PLAINTIFFS,
v.
BLUE EARTH, INC., ET AL., THIRD-PARTY DEFENDANTS.

The opinion of the court was delivered by: Hon. Edward J. Davila United States District Judge

STIPULATED DISMISSAL OF AMENDED THIRD-PARTY COMPLAINT AGAINST THIRD-PARTY DEFENDANT BLUE EARTH, INC.

Third-Party Defendant Blue Earth, Inc. ("Blue Earth"), by and through their attorneys of record, and Third Party Plaintiffs Genesis Fluid Solutions, Ltd. and Michael K. Hodges ("Third-Party Plaintiffs"), on the other, have reached a settlement of the above-captioned matter and have agreed to dismiss the claims, counterclaims, and causes of action between them. Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Third- Party Plaintiffs stipulate to the dismissal with prejudice of all claims and causes of action asserted in this case against defendant Blue Earth, and defendants Blue Earth stipulates to the dismissal with prejudice of all counterclaims and defenses asserted in this case against Third-Party Plaintiffs. The parties shall bear their own attorneys' fees, expenses and costs.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No. CV 11 2579 EJD

PRESS RENTALS, INC., Plaintiff, XXXXXXXX v. GENESIS FLUID SOLUTIONS, LTD. and MICHAEL K. HODGES,, BLUE EARTH, INC. Defendants and Third-Party Plaintiffs, v. BLUE EARTH, INC., et al., Third-Party Defendants.

[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE OF AMENDED THIRD- PARTY COMPLAINT AGAINST THIRD-PARTY DEFENDANT

Pursuant to Fed. R. Civ. P. 41(a), recognizing the Stipulated Dismissal of Amended Third-Party Complaint Against Third-Party Defendant Blue Earth, Inc., filed by Third Party Plaintiffs Genesis Fluid Solutions, Ltd. and Michael K. Hodges ("Third-Party Plaintiffs") and Third-Party Defendant Blue Earth, Inc. ("Blue Earth") pursuant to a settlement of the above-captioned litigation between the parties, it is ordered as follows:

ORDERED that the claims asserted herein by Third-Party Plaintiffs against defendant Blue Earth be, and hereby are, dismissed with prejudice; and

ORDERED that the parties shall bear their own attorneys' fees, expenses and costs.

20121211

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