Opinion
Case No. C03 04100 JW.
October 14, 2005
Edward P. Sangster, No. 121041, KIRKPATRICK LOCKHART NICHOLSON GRAHAM LLP, San Francisco, CA.
Thomas A. Donovan, Pro Hac Vice, Walter A. Bunt, Jr., Pro Hac Vice, Joseph C. Safar, Pro Hac Vice, Jennifer F. Shugars, Pro Hac Vice, KIRKPATRICK LOCKHART NICHOLSON GRAHAM LLP, Pittsburgh, PA, Attorneys for Defendant and Counterclaimant, WESCO DISTRIBUTION, INC., a Delaware Corporation, and Defendant HERNING ENTERPRISES, INC., a California corporation.
Ralph Guenther, Thomas R. Duffy, DUFFY GUENTHER, LLP, Jesse W. Markham, Todd Burlingame, MORRISON FOERSTER, LLP, Attorneys for Plaintiff Giacalone Electrical Services, Inc.
STIPULATION FOR DISMISSAL WITH PREJUDICE
The undersigned parties by and through their counsel of record stipulate to the following:
Any and all claims which were or could have been asserted by Giacalone Electrical Services, Inc. in this action against WESCO Distribution, Inc. or Herning Enterprises, Inc. are hereby dismissed with prejudice pursuant to FRCP 41(a)(1); and
Any and all counterclaims which were or could have been asserted by WESCO Distribution, Inc. or Herning Enterprises, Inc. in this action against Giacalone Electrical Services, Inc. are hereby dismissed with prejudice pursuant to FRCP 41(a)(1).
Each party to this action will bear its own costs, attorney and other fees, and expenses.
IT SO ORDERED.