Press Rentals, Inc v. Genesis Fluid Solutions, LTD et al

Filing 112

Order Granting 111 Stipulated Dismissal of Amended Third Party Complaint Against Third Party Defendant Blue Earth Inc. Signed by Hon. Edward J. Davila on 12/11/2012.(ecg, COURT STAFF) (Filed on 12/11/2012)

Christopher A. Honea (SBN 232473)
Randall Garteiser (SBN 231821)
GARTEISER HONEA, P.C.
44 N. San Pedro Road
San Rafael, CA 94903
Telephone: [phone]
Facsimile: 415-785-3805
Email: [e-mail]
Attorneys for
THIRD-PARTY DEFENDANT
BLUE EARTH, INC.

Todd A. Weber (Admitted pro hac vice)
LANE ALTON HORST, LLC
Two Miranova Place, Suite 500
Columbus, Ohio 43215-7052
T: 614.233.4749
E-Mail: [e-mail]
Attorneys for Third-Party Plaintiffs
GENESIS FLUID SOLUTIONS, LTD. AND
MICHAEL K. HODGES
Bruce E. Disenhouse (SBN 78760)
KINKLE, RODIGER, AND SPRIGGS
3333 Fourteenth Street
Riverside, California 92501
Telephone: [phone]
Facsimile: 951.683.7759
E-mail: [e-mail]
Local Counsel for Defendants
GENESIS FLUID SOLUTIONS, LTD.
and MICHAEL K. HODGES

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
PRESS RENTALS, INC.,
Plaintiff,
v.
GENESIS FLUID SOLUTIONS, LTD. and
MICHAEL K. HODGES,,
Defendants and Third-Party
Plaintiffs,
v.
BLUE EARTH, INC., et al.,
Third-Party Defendants.

Case No. CV 11 2579 EJD
STIPULATED DISMISSAL OF
AMENDED THIRD-PARTY
COMPLAINT AGAINST THIRD-PARTY
DEFENDANT BLUE EARTH, INC.

Third-Party Defendant Blue Earth, Inc. (“Blue Earth”), by and through their
attorneys of record, and Third Party Plaintiffs Genesis Fluid Solutions, Ltd. and Michael
K. Hodges (“Third-Party Plaintiffs”), on the other, have reached a settlement of the
above-captioned matter and have agreed to dismiss the claims, counterclaims, and causes
of action between them.
Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), ThirdParty Plaintiffs stipulate to the dismissal with prejudice of all claims and causes of action
asserted in this case against defendant Blue Earth, and defendants Blue Earth stipulates
to the dismissal with prejudice of all counterclaims and defenses asserted in this case
against Third-Party Plaintiffs. The parties shall bear their own attorneys’ fees, expenses
and costs.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
PRESS RENTALS, INC.,

Case No. CV 11 2579 EJD

Plaintiff,
v.
GENESIS FLUID SOLUTIONS, LTD. and
MICHAEL K. HODGES,,

XXXXXXXX
[PROPOSED] ORDER
OF DISMISSAL WITH
PREJUDICE OF AMENDED THIRDPARTY COMPLAINT AGAINST
THIRD-PARTY DEFENDANT BLUE
EARTH, INC.

Defendants and Third-Party
Plaintiffs,
v.
BLUE EARTH, INC., et al.,
Third-Party Defendants.

Pursuant to Fed. R. Civ. P. 41(a), recognizing the Stipulated Dismissal of
Amended Third-Party Complaint Against Third-Party Defendant Blue Earth, Inc.,
filed by Third Party Plaintiffs Genesis Fluid Solutions, Ltd. and Michael K. Hodges
(“Third-Party Plaintiffs”) and Third-Party Defendant Blue Earth, Inc. (“Blue
Earth”) pursuant to a settlement of the above-captioned litigation between the
parties, it is ordered as follows:
ORDERED that the claims asserted herein by Third-Party Plaintiffs against
defendant Blue Earth be, and hereby are, dismissed with prejudice; and
ORDERED that the parties shall bear their own attorneys’ fees, expenses
and costs.
Dated: 12/11/2012

_______________________________
Hon. Edward J. Davila
United States District Judge