MCC Mortgage LP v. Office Depot, Inc.

Filing 40

ORDER VACATING 38 Order, Dismissing this action WITHOUT PREJUDICE re 39 Stipulation of Dismissal. (Written Opinion). Signed by Judge Richard H. Kyle on 05/13/10. (kll)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA MCC MORTGAGE LP, a Delaware limited partnership, Plaintiff, v. OFFICE DEPOT, INC., a Delaware corporation, Defendant. Having considered the parties' Stipulated and Joint Motion, IT IS HEREBY ORDERED that this Court's Order dated May 10, 2010 (Doc. No. 38), dismissing all claims WITH PREJUDICE should be and hereby is VACATED. Instead, and by Civil No. 10-191 (RHK-JJK) ORDER

stipulation of the parties, all of Plaintiff MCC Mortgage LP's claims in this case, and all of Defendant Office Depot, Inc.'s Counterclaims in this case, are hereby and immediately DISMISSED WITHOUT PREJUDICE. Each side shall bear its own costs and fees. This is without prejudice to either party's right to recover fees and costs incurred in this matter if suit is renewed to the extent they could have been recovered if this matter had not been dismissed. Dated: May 13, 2010 s/Richard H. Kyle RICHARD H. KYLE United States District Judge