Merchants Bonding Company v. Manheim Services Corporation et al

Filing 6

ORDER re 4 Stipulation of Dismissal filed by Merchants Bonding Company and Defendant Eide Motors, Inc. (Written Opinion). Signed by Judge John R. Tunheim on February 23, 2010. (HAM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA MERCHANTS BONDING COMPANY, Plaintiff, v. MANHEIM SERVICES CORPORATION, DEALER SERVICES CORPORATION, EIDE MOTORS, INC. AND UNKNOWN CLAIMANTS, Defendants. _______________________________________________________________________ Thomas Radio, HINSHAW & CULBERTSON LLP, 333 South Seventh Street, Suite 2000, Minneapolis, MN 55402, for plaintiff. This matter is before the Court upon the stipulation of dismissal filed by Plaintiff, Merchants Bonding Company and Defendant Eide Motors, Inc. [Docket No. 4]. IT IS HEREBY ORDERED that: 1. Pursuant to and subject to the terms of a separately executed Stipulation ORDER Civil No. 10-0135 (JRT/SRN)

between Merchants and Eide, any and all claims by Eide against Merchants or Merchants' principal, Erickson Auto, in connection with Merchants' Bond No. ND 1087, to any extent previously asserted and/or which could have been asserted in the past and/or future, are hereby DISMISSED WITH PREJUDICE; 2. Consistent with the terms of a separately executed Stipulation between

Merchants and Eide, Merchants hereby dismisses Eide as a Defendant in the instant litigation with prejudice;

3.

Consistent with the aforesaid Stipulation and instant Agreed Dismissal Order, Eide

shall not receive any Bond proceeds from Merchants Bond No. ND 1087; 4. Any and all legal obligations of Merchants pursuant to Bond No. ND 1087 as to

Claimant/Defendant Eide, which have been and/or which could have been asserted in the past, present and/or future, are discharged in full as to Eide; 5. The entry of the instant Agreed Dismissal Order shall not otherwise affect the

instant litigation as to Defendants Manheim Services Corporation d/b/a Manheim Minneapolis, Dealer Services Corporation and/or any and all Unknown Claimants. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 23, 2010 at Minneapolis, Minnesota

_____ s/John R. Tunheim JOHN R. TUNHEIM United States District Judge