Simko v. CMI Terex Corporation

Filing 25

Order of Case Dismissal. Plaintiff and Defendant, by and through their respective counsel and pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure stipulate to a voluntary dismisal without prejudice and subject to refiling of this action. Court and docket fees to be paid by Plaintiff and each party will be responsible for their own attorney fees and costs incurred to date, Related document 24 . Judge Christopher A. Boyko on 08/21/08. (M,M)

Simko v. CMI Terex Corporation

Doc. 25

Case 1:07-cv-02497-CAB

Document 24

Filed 08/21/2008

Page 1 of 2

IN THE UNITED STATES COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION RYAN SIMKO Plaintiff vs. CMI Terex Corporation Defendant ) ) ) ) ) ) ) ) ) CASE NO. 1:07 CV 2497 JUDGE CHRISTOPHER A. BOYKO F.R.C.P. 41 (a)(1)(ii) Stipulation of Dismissal Without Prejudice

Now comes the Plaintiff, Ryan Simko, and the Defendant, CMI Terex Corporation, by and through their respective undersigned counsel and pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure hereby stipulate to a voluntary dismissal without prejudice and subject to refiling of this action. Court and docket fees to be paid by Plaintiff and each party will be responsible for their own attorney fees and costs incurred to date.

IT IS SO ORDERED: DATE: 8/21/08 S/CHRISTOPHER A. BOYKO UNITED STATES DISTRICT COURT

Dockets.Justia.com

Case 1:07-cv-02497-CAB

Document 24

Filed 08/21/2008

Page 2 of 2

Respectively Submitted, /s/ Richard V. Zurz, Jr. Richard V. Zurz, Jr. (0007978) James W . Slater (0002379) SLATER & ZURZ One Cascade Plaza Suite 2210 Akron, Ohio 44308 [phone] (phone) [phone] (facsimile) Attorneys for Plaintiff, Ryan Simko

/s/ Cary E. Hiltgen Cary E. Hiltgen (pro hac vice) Lance C. Cook (pro hac vice) HILTGEN & BREWER, P.C. One Benham Place, Suite 800 9400 North Broadway Extension Oklahoma City, Oklahoma 73114-7401 [phone] (phone) [phone] (facsimile) Attorneys for Defendant, CMI Terex Corporation