Morris & Associates, Inc. v. Cooling & Applied Technology, Inc.

Filing 136

Dismissal ORDER. Signed by Senior Judge W. Earl Britt on 12/19/2011. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:09-CV-23-BR
MORRIS & ASSOCIATES, INC.,
a North Carolina Corporation,
Plaintiff,
v.
COOLING & APPLIED TECHNOLOGY, INC.,
an Arkansas Corporation,
Defendant.

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DISMISSAL ORDER

THIS MATTER came before the Court on the Parties’ Joint Consolidated Consent
Motion for Entry of Injunction Order and Dismissal Order. After reviewing the Joint Motion
and the record in this case, and with the consent of the Parties pursuant to the terms of a
Settlement Agreement dated December 1, 2011, the Court is informed that the Parties have
agreed to compromise and settle their differences, jointly requesting that the Court enter this
Dismissal Order and retain jurisdiction over the Settlement Agreement.
THEREFORE, it is hereby ORDERED, ADJUDGED, and DECREED that:
A.

Entry of this Dismissal Order is made at the request of the Parties in compromise

and settlement of this action.
B.

Morris has consented to the dismissal of this action upon entry of the Injunction

Order, as defined in the Joint Motion.
C.

The Court hereby dismisses, pursuant to FED. R. CIV. P. 41(a)(2), all claims in this

action between plaintiff and defendant in this civil action.
D.

The Court retains jurisdiction over the Parties and the Parties’ Settlement

Agreement of December 1, 2011, which is incorporated herein by reference.
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December
19
SO ORDERED, this the ___ day of _________________, 2011.

________________________________
Judge William Earl Britt
Senior United States District Judge

APPROVED AS TO FORM AND CONTENT:
/s/ N. Andrew Crain
N. Andrew Crain

/s/ Catharine B. Arrowood___
Catharine B. Arrowood

THOMAS, KAYDEN, HORSTEMEYER & RISLEY, LLP

PARKER POE ADAMS & BERNSTEIN LLP

600 Galleria Parkway, S.E., Suite 1500
Atlanta, Georgia 30339
[e-mail]

150 Fayetteville Street, Suite 1400
Raleigh, North Carolina
[e-mail]

James P. West

Attorney for Defendant, Cooling & Applied
Technology, Inc.

WEST LAW OFFICES

Two Hannover Square, Suite 2325
Raleigh, North Carolina 27601
[e-mail]
Attorneys for Plaintiff, Morris & Associates,
Inc.

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