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of Withdrawal of its Motion for Spoliation Sanction 914 ; Moritmer's motion for spoliation sanction 899 is hereby withdrawn and denied as moot; denying as moot Lowe's motion to confirm assignment and trial in the Phoenix division 866 ; the Clerk shall terminate this action.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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Thomas James Civil Design Group
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Inc., et al.,
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Defendants.
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And Related Counterclaims,
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And Related Cross-Claims.
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Lowe’s HIW, Inc.,

No. CV-09-2481-PHX-SMM

FINAL ORDER

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Pursuant to a settlement agreement, pending before the Court is Plaintiff Lowe’s HIW,

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Inc. (“Lowe’s”) and Defendants Ames Construction, Inc. (“Ames”), EMJ Corporation

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(“EMJ”), and Mortimer, Inc.’s (“Mortimer”) stipulation to dismiss with prejudice the claims,

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counterclaims and cross-claims asserted by and against these parties. (Doc. 915.) Also

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pending is Defendant Mortimer’s Notice of Withdrawal of its Motion for Spoliation

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Sanction. (Doc. 914.) The parties have advised the Court that these stipulations for

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dismissal are the final ones to be submitted for approval and that the case is now ready to be

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terminated.

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Accordingly,

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IT IS HEREBY ORDERED granting the parties’ stipulations. (Doc. 915.)

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IT IS FURTHER ORDERED dismissing with prejudice Lowe’s claims against

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Defendants Ames, EMJ and Mortimer, with each of these parties to bear its own respective

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costs and attorney’s fees.

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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

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IT IS FURTHER ORDERED dismissing with prejudice any remaining cross-claims

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by or against Ames, EMJ and Mortimer with each of these parties to bear its own respective

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costs and attorney’s fees.

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IT IS FURTHER ORDERED granting Defendant Mortimer’s Notice of Withdrawal

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of its Motion for Spoliation Sanction. (Doc. 914.) Moritmer’s motion for spoliation sanction

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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.)

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IT IS FURTHER ORDERED that the Clerk of the Court shall terminate this action.

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DATED this 26th day of August, 2013.

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