MP Nexlevel of California, Inc. v. Apex Directional Drilling, LLC

Filing 45

STIPULATION and ORDER signed by Judge John A. Mendez on 3/13/2015 ORDERING that the 43 Stipulation is hereby GRANTED AS REQUESTED, and this matter is dismissed without prejudice. CASE CLOSED. (Zignago, K.)

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BEN PATRICK (SBN 244092)
[e-mail]
GORDON & REES, LLP
275 Battery Street, Suite 2000
San Francisco, California 94111
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
MP NEXLEVEL OF CALIFORNIA, INC.
and Third-Party Defendant
WESTERN SURETY COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MP NEXLEVEL OF CALIFORNIA, INC.,
Plaintiff,

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APEX DIRECTIONAL DRILLING, LLC,
Defendant.

APEX DIRECTIONAL DRILLING, LLC,

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Counter-Claimant and Third-Party
Plaintiff,

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STIPULATION AND ORDER FOR
DISMISSAL WITHOUT PREJUDICE

v.

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Case No. 1:14-CV-00857-JAM-BAM

v.
MP NEXLEVEL OF CALIFORNIA, INC., and
WESTERN SURETY COMPANY,
Counter-Claim Defendant and
Third-Party Defendant.

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WHEREAS, Plaintiff MP Nexlevel of California, Inc. (“MPN”), Defendant Apex

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Directional Drilling, LLC (“Apex”), and Third-Party Defendant Western Surety Company

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(“Western”) have entered into a Settlement Agreement and Partial Mutual Release;

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NOW THEREFORE, MPN, Western, and Apex enter into the following Stipulation.

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______________________________________________________________________________________________

STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE

STIPULATION

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MPN, Western, and Apex, by and through its undersigned attorneys, stipulate to the

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dismissal without prejudice of all claims in the above-captioned action. Pursuant to Federal

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Rule of Civil Procedure 41(a)(2) and 41(c), MPN, Western and Apex request an Order of the

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Court dismissing without prejudice all claims.

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Dated: March 13, 2015

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GORDON & REES, LLP
By: /s/ Ben Patrick, Esq.
Ben Patrick, Esq. (SBN: 244092)
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-986-8054
[e-mail]

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Attorneys for Plaintiff MP Nexlevel of California,
Inc. and Third-Party Defendant Western Surety Co.

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Dated: March 12, 2015

TONKON TORP, LLP
By: /s/ David Rabbino, Esq.__________________
David A. Rabbino, Esq. (SB# 182291)
88 SW 5th Avenue, Suite 1600
Portland, OR 97204
Telephone: [phone]
Facsimile: 503-274-8779
[e-mail]
Attorneys for Apex Directional Drilling, LLC

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE

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This matter came before the Court on a Stipulation for Dismissal Without Prejudice filed

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by Plaintiff MP Nexlevel of California, Inc., Defendant Apex Directional Drilling, LLC, and

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Third-Party Defendant Western Surety Company. That Stipulation is hereby GRANTED AS

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REQUESTED, and this matter is dismissed without prejudice.

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Dated: 3/13/2015
/s/ John A. Mendez____________
United States District Court Judge

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1103927/22785467v.1

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITHOUT PREJUDICE