Opinion
Case No. 3:04-cv-742-J-MCR.
August 30, 2006
ORDER
THIS CAUSE is before the Court on the parties' Joint Stipulation for Entry of an Order Dismissing Certain Claims with Prejudice (Doc. 128) filed August 29, 2006. Based on the Stipulation, Plaintiff, Gibraltar Design Inc.'s claim against Defendants, the School Board of Flagler County, Paul Stressing Associates Inc., Structural Engineers Group, Inc., Kenyon Partners, Inc. and Alison Fetner shall be dismissed with prejudice with each party to bear its own attorneys' fees and costs. Additionally, Defendant, the School Board of Flagler County's counterclaim against Gibraltar Design, Inc. shall be dismissed with prejudice with each party to bear its own attorneys' fees and costs. The counterclaim brought by the School Board of Flagler County against Ivey, Harris Walls, Inc. shall remain pending in this Court. This claim will continue to be governed by the deadlines established by the Court's May 15, 2006 Order (Doc. 116).
In light of this dismissal, Plaintiff, Gibraltar Design, Inc.'s Motion for Summary Judgment (Doc. 124) is hereby DENIED as moot.
DONE AND ORDERED.