JH Kelly, LLC et al v. Hopkins

Filing 6

ORDER OF DISMISSAL - based on stipulation filed in bankruptcy court. 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 (cjs)(Emailed to dh at Bankruptcy Court.)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
Case No. 4:15-cv-433-BLW

In re:
HOKU CORPORATION,
Debtor.
INDUSTRIAL PIPING, INC. and JH
KELLY, LLC,
Plaintiffs,
v.
GARY L. RAINSDON, in his capacity as
the duly-appointed Chapter 7 Trustee of
Hoku Corporation,
Defendant.

GARY L. RAINSDON, in his capacity as
the duly-appointed Chapter 7 Trustee of
Hoku Corporation,
Plaintiff,
v.
INDUSTRIAL PIPING, INC. and JH
KELLY, LLC, and John Does 1 through
10, unknown persons,
Defendants.

DISMISSAL ORDER - 1

ORDER OF DISMISSAL

Based on a stipulation of the parties filed in bankruptcy court, the bankruptcy
court previously entered an Order Dismissing First Amended Counterclaim with
Prejudice. See Dkt. 70 in Case No. 15-8012-JDP. This proceeding, likewise, should be
dismissed. Accordingly,
IT IS ORDERED THAT the First Amended Counterclaim, and all causes of action
asserted therein (see Dkt. 43 in Case No. 15-8012-JDP), is dismissed with prejudice, with
all parties to bear their own costs and attorneys’ fees.
IT IS FURTHER ORDERED that this Order does not foreclose the Trustee from
objecting to, or JH Kelly defending against any objection to, JH Kelly’s Proof of Claim
filed in Bankruptcy Case No. 13-40837-JDP.
DATED: November 30, 2017

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

DISMISSAL ORDER - 2