First Presbyterian Church of Ypsilanti v. H. A. Howell Pipe Organs, Incorporated et al

Filing 95

STIPLATED AND ORDER DISMISSING CASE Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FIRST PRESBYTERIAN CHURCH OF YPSILANTI, a Michigan corporation, Plaintiff, vs. H. A. HOWELL PIPE ORGANS, INC., an Illinois corporation; TIMOTHY E. BOLES, an Illinois resident and CURT SCHMITT, an Illinois resident, and R. KARSTENS ORGAN WORKS, LTD., an Illinois corporation, Defendants. Case No. 2:07-cv-13132 Honorable Patrick J. Duggan Magistrate Judge Virginia M. Morgan

STIPULATED ORDER OF DISMISSAL WITHOUT PREJUDICE IT IS HEREBY STIPULATED between the parties, through their respective counsel, to the entry of the attached order dismissing this matter without prejudice and tolling the statute of limitations on all claims pending entry of a Stipulated Order of Dismissal With Prejudice. SO STIPULATED: /s/Gary W. Faria w/permission EDS Gary W. Faria Ufer & Spaniola, P.C. Attorneys for Plaintiffs /s/Thomas M. Schehr w/permission EDS Thomas M. Schehr Dykema Gossett PLLC Attorneys for Defendants Howell and Boles /s/Eric D. Scheible Eric D. Scheible Frasco Caponigro Wineman & Scheible, PLLC Attorneys for Defendant Schmitt /s/Barbara J. Sullivan w/permission EDS Barbara J. Sullivan B.J. Sullivan and Associates Attorneys for Defendant Karstens

ORDER This matter having come before the Court on the stipulation of the parties, and the Court being advised in the premises; IT IS HEREBY ORDERED that this case is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the statute of limitations for all claims is tolled pending entry of a Stipulated Order of Dismissal With Prejudice.

s/Patrick J. Duggan Patrick J. Duggan United States District Judge Dated: April 12, 2010

I hereby certify that a copy of the foregoing document was served upon counsel of record on ,by electronic and/or ordinary mail.

s/Marilyn Orem Case Manager