Advanced Steel Recovery, LLC v. X-Body Equipment, Inc. et al

Filing 185

ORDER DISMISSING CASE signed by Chief District Judge Kimberly J. Mueller on 5/9/23 ORDERING that the Complaint by ASR against X-Body, Jewell, and Standard in this action(including as amended) is DISMISSED in its entirety, with prejudice. As to Al lstate, ASR's action is DISMISSED without prejudice. The currently pending Counterclaims by X-Body and Jewell against ASR in this action (including as amended) are DISMISSED in their entirety, without prejudice. The Court DECLINES to retain jurisdiction over the enforcement of the settlement agreement. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADVANCED STEEL RECOVERY, LLC,

) Case No. 2:16-cv-00148-KJM-JDP
)
Plaintiff,
) [Hon. Kimberly J. Mueller]
)
) ORDER DISMISSING CASE
vs.
)
)
)
X-BODY EQUIPMENT, INC., JEWELL
)
ATTACHMENTS, LLC, J.D.M.L., INC. dba )
STANDARD INDUSTRIES, and ALLSTATE )
PAPER & METAL RECYCLING CO., INC. )
)
Defendants.
)
)

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Order Dismissing Case

Case No. 2:16-cv-00148-KJM-JDP

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ORDER
Having reviewed the Parties’ concurrently-filed Joint Stipulation of Dismissal, and finding
good cause, the Court hereby grants the relief requested in the Stipulation as follows:
(1)

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The Complaint by ASR against X-Body, Jewell, and Standard in this action
(including as amended) is hereby dismissed in its entirety, with prejudice;

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(2)

As to Allstate, ASR’s action is hereby dismissed, without prejudice;

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(3)

The currently pending Counterclaims by X-Body and Jewell against ASR in this

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action (including as amended) are hereby dismissed in their entirety, without

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prejudice;

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(4)

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Each party (or “side”) shall bear its own attorneys’ fees, costs, and expenses in
connection with this action;

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(5)

The Clerk of Court is directed to close this case; and

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(6)

The Court in its discretion declines to retain jurisdiction over the enforcement of the

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settlement agreement.

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IT IS SO ORDERED.

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Dated: May 9, 2023.

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Order Dismissing Case

Case No. 2:16-cv-00148-KJM-JDP