Opinion
CASE NO. C 01-03464 EMC ARB
February 4, 2003
Warren L. Dranit, Esq., SPAULDING McCULLOUGH TANSIL LLP., Santa Rosa, CA Attorneys for Plaintiff and Counter Defendant.
Reuben Jacobson LEWIS BRISBOIS BISGAARD SMITH LLP, Attorneys for Defendants and Counter-Claimants.
STIPULATION AND ORDER RE DISMISSAL FRCP 41(a)(1) (c)
STIPULATION
Pursuant to the Settlement Agreement and Mutual Release entered into between the parties, the parties hereby stipulate to dismiss with prejudice the above referenced action in its entirety:
1. MORGAN MEDESIGN, INC. will, and hereby does, dismiss with prejudice its Complaint, in its entirety, filed against U.S. VASCULAR ACCESS CENTERS OF DALLAS, LLC and NATIONAL MEDICAL CARE, INC.
2. U.S. VASCULAR ACCESS CENTERS OF DALLAS, LLC and NATIONAL MEDICAL CARE, INC. will, and hereby does, dismiss with prejudice their Counter-Claim, in its entirety, filed against MORGAN MEDESIGN, INC.
3. Each party shall bear its own attorneys' fees and costs.
ORDER
Having considered the stipulation of the parties and finding the terms and conditions proper, this Court hereby orders:
1. MORGAN MEDESIGN, INC.'s Complaint, in its entirety, is dismissed with prejudice; and
2. U.S. VASCULAR ACCESS CENTERS OF DALLAS, LLC and NATIONAL MEDICAL CARE, INC.'s Counter-Claim, in its entirety, is dismissed with prejudice.
3. Each party shall bear its own attorneys' fees and costs.