Board of Regents of the University of Nebraska v. BASF

Filing 498

MEMORANDUM AND ORDER granting 497 Stipulation. All claims asserted by Syngenta in this action are dismissed with prejudice. Counts I-IV of Monsanto' Second Amended Complaint in Intervention in this action are dismissed without prejudice, prov ided however that Monsanto covenants not to reassert said claims in any future action against Syngenta or its affiliates. Any remaining claims asserted by the University are dismissed without prejudice, provided however that the University covenants not to reassert said claims in any future action against Syngenta or its affiliates. All parties to the Stipulation (filing 497 ) shall bear their own attorneys' fees and costs in this action. Ordered by Judge Richard G. Kopf. (GJG, )

THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA B O A R D OF REGENTS OF THE U N IV E R S IT Y OF NEBRASKA, ) ) ) P la in t if f , ) ) v s. ) ) B A S F CORPORATION, ) ) D e f e n d a n t, ) ) an d ) ) M O N S A N T O COMPANY, ) ) I n te rv e n in g Plaintiff, ) ) an d ) ) S Y N G E N T A CROP PROTECTION, ) I N C ., ) ) In terv en in g Defendant. ) 4 :0 4 C V 3 3 5 6

MEMORANDUM A N D ORDER

P u rsu an t to the Joint Motion and Stipulation of Dismissal (filing 497) filed by p la in tif f the Board of Regents of the University of Nebraska (the "University"), in terv en in g plaintiff Monsanto Company ("Monsanto"), and intervening defendant S yn g en ta Crop Protection, Inc. ("Syngenta"),

IT IS ORDERED:
1. p r e ju d ic e ; A ll claims asserted by Syngenta in this action are dismissed with

2.

C o u n ts I-IV of Monsanto's Second Amended Complaint in Intervention

in this action are dismissed without prejudice, provided however that Monsanto co v en an ts not to reassert said claims in any future action against Syngenta or its a f f ilia te s ; 3. A n y remaining claims asserted by the University are dismissed without

p reju d ice, provided however that the University covenants not to reassert said claims in any future action against Syngenta or its affiliates; and 4. A ll parties to the Stipulation (filing 497) shall bear their own attorneys'

fees and costs in this action. N o v em b er 17, 2008. B Y THE COURT: s/ Richard G. Kopf U n ited States District Judge

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