Roper et al v. BorgWarner Morse Tec Inc et al

Filing 98

STIPULATION AND ORDER of Dismissal of Defendant Zurn Industries, LLC re parties' 95 Stipulation ; All claims against Defendant ZURN INDUSTRIES, LLC are hereby dismissed without prejudice, and without costs to either party, by Judge Thomas S. Zilly. (Zurn Industries LLC terminated.) (SWT)

HONORABLE THOMAS S. ZILLY

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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WILLIAM ROPER and CAROL ROPER,
individually and as a marital community,
Plaintiffs,

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STIPULATION AND ORDER OF
DISMISSAL OF DEFENDANT ZURN
INDUSTRIES, LLC WITHOUT
PREJUDICE

v.

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Case No.: 2:16-cv-01453-TSZ

BORGWARNER MORSE TEC, INC., et.al.
Defendants.

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STIPULATION

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Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiffs WILLIAM ROPER and CAROL ROPER

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and Defendant ZURN INDUSTRIES, LLC, by and through their respective counsel, hereby

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stipulate to the entry of an Order of Dismissal of all claims in this civil action as to Defendant

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ZURN INDUSTRIES, LLC, without prejudice and with each party bearing its own fees and

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costs, and reserving to Plaintiffs their claims against all other parties.

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1 - STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT ZURN
INDUSTRIES, LLC WITHOUT PREJUDICE

Case No.: 2:16-cv-01453-TSZ

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This stipulation and agreed order have been approved as to form; notice of presentation
and hearing on said Order of Dismissal is hereby waived by the parties.
IT IS SO STIPULATED:

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Dated this 31st day of May, 2017

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Dated: _May 31, 2017_____________

Dated: __May 31, 2017_________________

NAPOLI SHKOLNIK, PLLC

RIZZO MATTINGLY BOSWORTH PC

By: ___s/Tammy C. Bercenilla_____
Tammy C. Barcenilla
Pro Hac Vice CSBA #270984
Napoli Shkolnik, PLLC
525 South Douglas Street, Suite 260
El Segundo, CA 90245
Tel: [phone]
and
Michael D, Myers
WSBA #22486
Myers & Company PLLC
1530 Eastlake Avenue East
Seattle, WA 98102
Tel: [phone]
Counsel for Plaintiffs

By: __s/Allen Eraut_________________
Allen Eraut, WSBA # 30940
Email: [e-mail]
Rizzo Mattingly Bosworth PC
1300 SW Sixth Avenue, Suite 330
Portland, Oregon 97201
Tel: [phone]
Fax: [phone]
Attorney for Zurn Industries, LLC

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2 - STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT ZURN
INDUSTRIES, LLC WITHOUT PREJUDICE

Case No.: 2:16-cv-01453-TSZ

ORDER

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THIS MATTER having come before the Court by way of the foregoing stipulation by

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Plaintiffs and Defendant Zurn Industries, LLC to dismiss all claims against Zurn Industries, LLC

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only without prejudice and without costs and/or attorney fees as to any party, and the Court

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being fully advised in the premises, now, and therefore it is hereby ORDERED as follows:

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All claims against Defendant ZURN INDUSTRIES, LLC are hereby dismissed without
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prejudice, and without costs to either party.

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DATED this 1st day of June, 2017.

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A

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Thomas S. Zilly
United States District Judge

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3 - STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT ZURN
INDUSTRIES, LLC WITHOUT PREJUDICE

Case No.: 2:16-cv-01453-TSZ