Columbia Grain, Inc. v. Hinrichs Trading, LLC, et al

Filing 37

ORDER re 36 Stipulation of Dismissal. The Stipulation is APPROVED, and plaintiff's claims against defendants Hinrichs and Company, a general partnership, are DISMISSED WITH PREJUDICE. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

COLUMBIA GRAIN, INC., a Corporation,

Plaintiff,
vs.
HINRICHS TRADING, LLC, dba
HINRICHS TRADING COMPANY, and
JOHN DOES I-V,
Defendants.

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Case No: 3:14-CV-00115-BLW

ORDER

This matter having come before the Court pursuant to the parties’ Stipulated
Motion to Dismiss Hinrichs and Company, a general partnership, (Doc. No. 36), the Court
having reviewed the Stipulated Motion and the Court file and good cause appearing
therefore;
IT IS HEREBY ORDERED that the Stipulation (docket no. 36) is
APPROVED, and plaintiff’s claims against defendant Hinrichs and Company, a general
partnership, are hereby DISMISSED WITH PREJUDICE;
IT IS HEREBY FURTHER ORDERED that:
1.

No party will assert any comparative and/or contributory negligence on the
part of Hinrichs and Company, a general partnership, during any course of the
proceedings in this case, including at trial;

ORDER

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2.

Hinrichs and Company, a general partnership, will not appear as a party on the
verdict form of any trial held in this matter;

3.

No arguments or mention of any responsibility for maintenance will be made at
trial in reference to Hinrichs and Company, a general partnership, and Hinrichs
Trading, LLC, dba Hinrichs Trading Company agrees that it was fully
responsible to perform all maintenance and upkeep for the property and
elevator located at 221Front Avenue, Craigmont, Idaho;

4.

Hinrichs Trading, LLC, dba Hinrichs Trading Company will not present any
affirmative defenses to plaintiff’s claims in this matter based on the fact that it
was not the owner of the property and elevator located at 221Front Avenue,
Craigmont, Idaho; and

5.

No costs or attorney fees are awarded to any party as a result of this dismissal.

DATED: January 29, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER

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