Simple Pump Co., LLC v. Dugan

Filing 41

ORDER dismissing with prejudice this action per ECF No. 40 Stipulation. Signed by Judge Howard D. McKibben on 7/25/2017. (Copies have been distributed pursuant to the NEF - KR)

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JESSICA L. WOELFEL (NSBN 11885)
LAURA R. JACOBSEN (NSBN 13699)
McDONALD CARANO WILSON LLP
100 West Liberty Street, 10th Floor
Reno, Nevada 89501
Telephone: [phone]
Facsimile: 775.788.2020
Attorneys for Plaintiff / Counter-Defendant
SIMPLE PUMP CO., LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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SIMPLE PUMP CO., LLC, a Nevada limited
liability company.

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vs.
PETER DUGAN, a California resident,
Defendant.

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ORDER GRANTING
STIPULATION TO DISMISS WITH
PREJUDICE AND [PROPOSED] ORDER

Plaintiff,

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Case No.: 3:16-cv-00189-HDM-WGC

AND CROSS ACTION

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This stipulation is entered into and offered by Plaintiff/Cross-Defendant Simple Pump

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Co., LLC and Defendant/Cross-Plaintiff Peter Dugan and requests that the entire action be

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dismissed with prejudice based upon the following facts:

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1.

Nevada District Court Case No. 16-CV-0057 was commenced in Douglas County

on March 14, 2016 by Simple Pump against Peter Dugan.
2.

Dugan removed the action to Federal Court as Case No. 3:16-cv-00189-HDM-

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WCG, generally denied the material allegations of the Simple Pump Complaint, and filed a

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Cross-Complaint.

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3.

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The parties, having resolved their disputes, now desire to dismiss the entire action

with prejudice with each side to bear its own attorneys’ fees and costs.
4.

Upon application by either party, the Court may reopen the matter solely to

enforce the terms of the settlement agreement, or to enter judgment pursuant to the terms of the

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settlement agreement. Therefore,

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IT IS STIPULATED, by and between Simple Pump, Co., LLC and Peter Dugan, that

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Case No. 3:16-cv-00189-HDM-WCG is dismissed in its entirety, with each party to bear

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its own attorneys’ fees and costs. Upon application by either party, the Court may

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reopen the matter solely to enforce the terms of the settlement agreement, or to enter

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judgment pursuant to the terms of the settlement agreement.

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DATED: July 25, 2017

DATED: July 25, 2017

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FORTIS LLP

McDONALD CARANO WILSON LLP

/s/Matthew A. Berliner
Matthew A. Berliner
611 Anton Blvd., #1050
Costa Mesa, CA 92626

/s/Jessica Woelfel
Jessica Woelfel
Laura Jacobsen
100 West Liberty Street, 10th Floor
Reno, NV 89501
Attorneys for Plaintiff/Counterdefendant
Simple Pump Co., LLC

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Attorneys for Defendant Peter Dugan

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* * *

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IT IS SO ORDERED

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__________________________________
U.S. MAGISTRATE JUDGE JUDGE
UNITED STATES DISTRICT

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July 25, 2017
Dated: ___________________________

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