Brower v. Lowe's Companies Inc et al

Filing 56

ORDER OF DISMISSAL; based on the stipulation presented, the parties have reached an agreement that resolves all issues between them as related to the matters asserted in this lawsuit. Because no claims remain, this action is dismissed. Each party will bear its own costs and fees, by Hon. James P. Donohue.(VP)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Based on the stipulation presented, Plaintiff and Counter-Defendant JERRY E. BROWER ("BROWER"), Defendant and Counter-Claimant HOMAX PRODUCTS, INC. ("HOMAX") and Third-Party Defendant Wall Repair Systems, Inc. ("WRS") have reached an v. WALL REPAIR SYSTEMS, INC., Third-Party Defendant. HOMAX PRODUCTS, INC., Counter-Claimant, v. JERRY E. BROWER, Counter-Defendant, v. LOWE'S COMPANIES, INC., LOWE'S HIW, INC., and HOMAX PRODUCTS, INC., Defendants. JERRY E. BROWER, Plaintiff, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Case No. 08-cv-800-JPD ORDER OF DISMISSAL ORDER OF DISMISSAL PAGE - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 agreement that resolves all issues between them as relates to the matters asserted in this lawsuit. IT IS THEREFORE ORDERED that the claims by BROWER against HOMAX, the counterclaims by HOMAX against BROWER, and the third party claims by HOMAX against WRS are each hereby DISMISSED WITH PREJUDICE and without costs or attorneys' fees to any party. Plaintiff BROWER's claims against Defendants LOWE'S COMPANIES, INC. and LOWE'S HIW, INC. were previously voluntarily dismissed without prejudice. See Dkt. No. 13. Accordingly, because no claims remain, this action is DISMISSED. Each party will bear its own costs and fees. DATED this 1st day of April, 2009. A JAMES P. DONOHUE United States Magistrate Judge ORDER OF DISMISSAL PAGE - 2

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