Alcal/Arcade Contracting, Inc. v. Mike Nelson Co., Inc., et al.

Filing 56

STIPULATION For DISMISSAL Pursuant To FRCP 41(a)(1), ORDER, signed by Judge Oliver W. Wanger on 4/7/2010. Based upon the stipulation of the parties, it is ORDERED that this entire action is dismissed with prejudice pursuant to Fed.R.Civ.P. 41(a)(1). CASE CLOSED.(Scrivner, E)

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Law Office of Myron F. Smith
191 W. Shaw Avenue Suite 205B Fresno, California 93704 Telephone [phone]

Myron F. Smith #072722 Law Office of Myron F. Smith 4321 N. West Avenue, Suite 105 Fresno, California 93705 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant MIKE NELSON COMPANY, INC., DICK CORPORATION/MATT CONSTRUCTION CORPORATION, AMERICAN CASUALTY COMPANY OF REDDING PENNSYLVANIA and HARTFORD FIRE INSURANCE COMPANY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA-FRESNO

UNITED STATES for the use of ALCAL/ARCADE CONTRACTING, INC., a Nevada Corporation, doing business as ARCADE INSULATION Plaintiff, v. MIKE NELSON COMPANY, INC., a California corporation; DICK CORPORATION/MATT CONSTRUCTION CORPORATION, a Joint Venture; AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, a Pennsylvania corporation; HARTFORD FIRE INSURANCE COMPANY, a Connecticut corporation; and Does 1 through 20, inclusive Defendants.

Case Number 1:06-cv-00354-OWW-SMS STIPULATION FOR DISMISSAL PURSUANT TO FRCP 41(a)(1)

It is hereby stipulated that the above-entitled action, including all counterclaims and cross-claims by and against all parties to the action, may and should be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1). Said stipulation confirms and expressly incorporates the terms of the Settlement Agreement and Release, entered into by the parties on March 12, 2010, a copy of which is attached hereto as Exhibit A.

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DEAC_Signature-END:

It is further stipulated that, pursuant to the terms of the Settlement Agreement and Release, the parties shall bear their own attorney's fees and costs. Dated: March 12, 2010 FENNELL & OLSON By:_/S/________________________ JEFFREY G. OLSON Attorneys for Plaintiff Dated: March 12, 2010 LAW OFFICE OF MYRON F. SMITH By:__/S/________________________ MYRON F. SMITH Attorneys for Defendants

ORDER Based upon the stipulation of the parties, IT IS HEREBY ORDERED that this entire action is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1).

IT IS SO ORDERED. Dated:

April 7, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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Law Office of Myron F. Smith
191 W. Shaw Avenue Suite 205B Fresno, California 93704 Telephone [phone]

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