Borthwick v. Berrard et al

Filing 5

ORDER DISMISSING VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT as to Borthwick Action against all defts with prejudice (Filed in MDL Master 3:12-md-2384 as Doc. No. 115). Signed by Senior Judge Graham Mullen on 12/11/14. (ejb)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION IN RE SWISHER HYGIENE, INC. SECURITIES AND DERIVATIVE LITIGATION TOM BORTHWICK, Plaintiff, v. STEVEN R. BERRARD, et al., Defendants, and SWISHER HYGIENE, INC., Nominal Defendant. ) ) MDL DOCKET NO. 3:12-MD-2384-GCM ) ) ) ) ) ) ) MEMBER CASE DOCKET NO.: 3:13-cv-449) GCM ) ) ) ) ) ) ) ) ) ) ) ) ORDER DISMISSING VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT In reference to the parties’ Stipulation of Dismissal filed December 10, 2014 (Doc. No. 114), IT IS ORDERED that the Borthwick Action is dismissed and all claims asserted against all defendants therein are dismissed with prejudice as to Borthwick. Swisher’s Motion to Dismiss (Doc. No. 112) is terminated as MOOT. SO ORDERED. Signed: December 11, 2014

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