Renbarger et al v. Zavanna LLC et al

Filing 85

ORDER adopting 84 Stipulation of Dismissal. By Magistrate Judge Charles S. Miller, Jr.(KT)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION James and Jody Renbarger, Elise Renbarger, and Carolyn Benjamin, ) ) ) ORDER ADOPTING STIPULATION Plaintiffs, ) FOR DISMISSAL WITH PREJUDICE ) vs. ) ) Case No. 4:12-cv-042 ) Zavanna, LLC, and Zenergy, Inc., ) ) Defendants. ) _______________________________________________________________________________ Before the court is a “Stipulation for Dismissal with Prejudice” filed on October 16, 2014. The parties stipulate and agree that plaintiff Elise Renbarger withdraws her claim for interest, costs, and attorney’s fees, that the action should be dismissed without prejudice, and that each party shall bear its own costs and attorney’s fees. The court ADOPTS the stipulation (Docket No. 84) and ORDERS that (1) judgment of dismissal shall be entered for defendants for the claims resolved by the court’s order granting in part defendants’ motion for summary judgment (Docket No. 68);(2) judgment dismissing with prejudice the separate claim of Elise Renbarger for penalty interest, attorney’s fees, and costs shall be entered pursuant to the stipulation of dismissal; and (3) each party shall bear its own costs and attorney’s fees. Dated this 17th day of October, 2014. /s/ Charles S. Miller, Jr. Charles S. Miller, Jr., Magistrate Judge United States District Court

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