Transgenomic v. Power3 Medical Products, Inc.

Filing 95

ORDER OF DISMISSAL WITH PREJUDICE - IT IS THEREFORE ORDERED, ADJUDGED and DECREED that said Stipulation is granted, and that Plaintiff's claims against Defendant are hereby dismissed with prejudice, and Defendant's claims against Plaintiff are hereby dismissed with prejudice, with each party to bear its own attorney fees and costs. Ordered by Chief Judge Joseph F. Bataillon. (TCL )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA TRANSGENOMIC, INC., Case No. 8:10-CV-00079 Plaintiff, v. POWER3 MEDICAL PRODUCTS, INC., ORDER OF DISMISSAL WITH PREJUDICE Defendant. The Court, being fully advised on the premises, finds that the Stipulation to Dismiss with Prejudice submitted by Plaintiff Transgenomic, Inc. and Defendant Power3 Medical Products, Inc. (Doc. No. 94), is true and correct in all respects and should be granted. IT IS THEREFORE ORDERED, ADJUDGED and DECREED that said Stipulation is granted, and that Plaintiff’s claims against Defendant are hereby dismissed with prejudice, and Defendant’s claims against Plaintiff are hereby dismissed with prejudice, with each party to bear its own attorney fees and costs. Dated this 12th day of October, 2011. BY THE COURT: s/ Joseph F. Bataillon United States District Court Judge PREPARED AND SUBMITTED BY: Gregory C. Scaglione #17588 Kristin M.V. Farwell, #23919 KOLEY JESSEN P.C., L.L.O. One Pacific Place, Suite 800 1125 South 103rd Street Omaha, NE 68124-1079 (402) 390-9500 (402) 390-9005 (facsimile) Greg.Scaglione@koleyjessen.com Kristin.Farwell@koleyjessen.com Attorneys for Defendant. APPROVED AS TO FORM AND CONTENT: Harvey B. Cooper Robert M. Schartz Abrahams Kaslow & Cassman LLP 8712 West Dodge Road, Suite 300 Omaha, NE 68114 (402) 392-1250 (402) 392-0816 (facsimile) hcooper@akclaw.com rschartz@akclaw.com Attorneys for Plaintiff. 601827.1 2

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