Lowe's HIW, Inc. v. Thomas James Civil Design Group dba Thomas Graham Civil Design Group et al

Filing 917

FINAL ORDER, granting the parties' stipulation 915 ; dismissing with prejudice Lowe's claims against Defendants Ames, EMJ and Mortimer, with each of these parties to bear its own respective costs and attorneys' fees; dismissing with prejudice EMJ's counterclaim against Lowe's, with each of these parties to bear its own respective costs and attorneys' fees; dismissing with prejudice any remaining cross-claims by or against Ames, EMJ and Mortimer with each of these parties to bear its own respective costs and attorneyS' fees; granting Defendant Mortimer's Notice of Withdrawal of its Motion for Spoliation Sanction 914 ; Moritmer's motion for spoliation sanction 899 is hereby withdrawn and denied as moot; denying as moot Lowe's motion to confirm assignment and trial in the Phoenix division 866 ; the Clerk shall terminate this action. Signed by Senior Judge Stephen M McNamee on 8/26/13. (REW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) vs. ) ) Thomas James Civil Design Group ) Inc., et al., ) ) Defendants. ) ) ) And Related Counterclaims, ) ) And Related Cross-Claims. ) _________________________________ ) Lowe’s HIW, Inc., No. CV-09-2481-PHX-SMM FINAL ORDER 18 Pursuant to a settlement agreement, pending before the Court is Plaintiff Lowe’s HIW, 19 Inc. (“Lowe’s”) and Defendants Ames Construction, Inc. (“Ames”), EMJ Corporation 20 (“EMJ”), and Mortimer, Inc.’s (“Mortimer”) stipulation to dismiss with prejudice the claims, 21 counterclaims and cross-claims asserted by and against these parties. (Doc. 915.) Also 22 pending is Defendant Mortimer’s Notice of Withdrawal of its Motion for Spoliation 23 Sanction. (Doc. 914.) The parties have advised the Court that these stipulations for 24 dismissal are the final ones to be submitted for approval and that the case is now ready to be 25 terminated. 26 Accordingly, 27 IT IS HEREBY ORDERED granting the parties’ stipulations. (Doc. 915.) 28 IT IS FURTHER ORDERED dismissing with prejudice Lowe’s claims against 1 Defendants Ames, EMJ and Mortimer, with each of these parties to bear its own respective 2 costs and attorney’s fees. 3 4 IT IS FURTHER ORDERED dismissing with prejudice EMJ’s counterclaim against Lowe’s, with each of these parties to bear its own respective costs and attorney’s fees 5 IT IS FURTHER ORDERED dismissing with prejudice any remaining cross-claims 6 by or against Ames, EMJ and Mortimer with each of these parties to bear its own respective 7 costs and attorney’s fees. 8 IT IS FURTHER ORDERED granting Defendant Mortimer’s Notice of Withdrawal 9 of its Motion for Spoliation Sanction. (Doc. 914.) Moritmer’s motion for spoliation sanction 10 11 12 is hereby withdrawn and denied as moot. (Doc. 899.) IT IS FURTHER ORDERED denying as moot Lowe’s motion to confirm assignment and trial in the Phoenix division. (Doc. 866.) 13 IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this action. 14 DATED this 26th day of August, 2013. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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