UNY, LLC v. Yasaki North America, Inc. et al

Filing 38

ORDER DISMISSING CASE: Approving the # 37 Stipulation of Dismissal. It is Ordered that the Complaint, the Counterclaim and Third Party Complaint are hereby DISMISSED. Signed by Judge David N. Hurd on 3/30/2017. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
UNY,
Plaintiff,

Case No.: 5:15-cv-003300
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[DNH/ATB]

YASAKI NORTH AMERICA, INC. and ARNECOM
S.A. DE C.V.,
Defendants.
ARNECOM S.A. DE C.V.,
Third Party Plaintiff,
v.
MJ ENTERPRISES, LLC,
Third Party Defendant.

STIPULATION OF VOLUNTARY DISMISSAL
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned
counsel of record for all parties herein that:
(1)

Plaintiff's Complaint, filed March 21, 2016, shall be and is hereby

withdrawn;
(2)

Defendant Arnecom S.A. DE C.V.'s counterclaim as contained is its
December 5, 2016 Amended Answer with Counterclaim, shall be and is hereby
withdrawn;
(3)

Third Party Plaintiff's Complaint, filed June 8, 2016, shall be and is hereby
withdrawn; and
(4)

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the action by
UNY, LLC against Yasaki North America, Inc. and Arnecom S.A. DE C.V., including the
counterclaim asserted therein by Defendant Arnecom S.A. DE C.V., is hereby
dismissed with prejudice and without costs to either party; and
{33858/30792/JAS/01319256.DOC}

(5)

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the third-party

action by Arnecom S.A. DE C.V. against MJ Enterprises, LLC shall be and is hereby is
dismissed without prejudice and without costs to either party.
Ater.,r cA
Dated'—.1.anuapt25 2017.
',

T

Dated: January _ 2017.

MENTER, RUDIN & TRIVELPIECE, P.C.
Attorneys for Defendants/Third Party Plaintiff

KIRWAN LAIN FIRM, P.C.
Attomeysleir Plaintiff
By:

By:

Terry Kirwa ,
Esq.
Bar Roll No.: 501821
100 Madison Street
AXA Tower 1, 17th Floor
Syracuse, NY 13202
Telephone: [phone]

Michael J. Bales , Esq.
Bar Roll No.: 515523
308 Maltbie Street, Suite 200
Syracuse, New York 13204-1498
Telephone: [phone]

March 30, 2017

{33858/30792/JAS/01319256,DOC}