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)

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HONORABLE THOMAS S. ZILLY 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 10 11 WILLIAM ROPER and CAROL ROPER, individually and as a marital community, Plaintiffs, 12 STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT ZURN INDUSTRIES, LLC WITHOUT PREJUDICE v. 13 14 Case No.: 2:16-cv-01453-TSZ BORGWARNER MORSE TEC, INC., et.al. Defendants. 15 16 STIPULATION 17 Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiffs WILLIAM ROPER and CAROL ROPER 18 and Defendant ZURN INDUSTRIES, LLC, by and through their respective counsel, hereby 19 stipulate to the entry of an Order of Dismissal of all claims in this civil action as to Defendant 20 ZURN INDUSTRIES, LLC, without prejudice and with each party bearing its own fees and 21 costs, and reserving to Plaintiffs their claims against all other parties. 22 /// 23 /// 24 25 /// /// 26 1 - STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT ZURN INDUSTRIES, LLC WITHOUT PREJUDICE Case No.: 2:16-cv-01453-TSZ 1 2 3 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: 4 5 Dated this 31st day of May, 2017 6 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: (310) 331-8224 and Michael D, Myers WSBA #22486 Myers & Company PLLC 1530 Eastlake Avenue East Seattle, WA 98102 Tel: (206) 398-1188 Counsel for Plaintiffs By: __s/Allen Eraut_________________ Allen Eraut, WSBA # 30940 Email: aeraut@rizzopc.com Rizzo Mattingly Bosworth PC 1300 SW Sixth Avenue, Suite 330 Portland, Oregon 97201 Tel: (503) 229-1819 Fax: (503) 229-0630 Attorney for Zurn Industries, LLC 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 - STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT ZURN INDUSTRIES, LLC WITHOUT PREJUDICE Case No.: 2:16-cv-01453-TSZ ORDER 1 2 THIS MATTER having come before the Court by way of the foregoing stipulation by 3 Plaintiffs and Defendant Zurn Industries, LLC to dismiss all claims against Zurn Industries, LLC 4 only without prejudice and without costs and/or attorney fees as to any party, and the Court 5 being fully advised in the premises, now, and therefore it is hereby ORDERED as follows: 6 All claims against Defendant ZURN INDUSTRIES, LLC are hereby dismissed without 7 8 prejudice, and without costs to either party. 9 10 DATED this 1st day of June, 2017. 11 A 12 13 Thomas S. Zilly United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 3 - STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT ZURN INDUSTRIES, LLC WITHOUT PREJUDICE Case No.: 2:16-cv-01453-TSZ

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