Spotts v. Neways, Inc.

Full title: LEWIS R. ("RAY") SPOTTS, JR., an individual, and NETWORK BUILDER, INC., an…

Court: United States District Court, D. Utah, Central Division

Date published: Jun 10, 2004

Case No. 2:03CV00691 TS (D. Utah Jun. 10, 2004)

Opinion

Case No. 2:03CV00691 TS.

June 10, 2004

Mark R. Gaylord, Esq., Craig H. Howe, Esq., Angela W. Adams, Esq., BALLARD SPAHR ANDREWS INGERSOLL, LLP, Salt Lake City, Utah, Attorneys for Defendants Neways, Inc.; Thomas E. Mower, Sr.; Leslie D. Mower; Neways Japan Kabushiki Kaisha; Neways De Mexico S.A. De C.V.; and Neways International (UK) Ltd.

FILLMORE SPENCER LLC, Mark Stubbs, Esq., Barnard N. Madsen, Esq., Ashby D. Boyle II, Esq., Attorneys for Plaintiff Network Builder.

ORDER GRANTING JOINT MOTION AND STIPULATION OF THE PARTIES

BRIAN TED STEWART, District JudgePage 2

Based upon the Joint Motion and Stipulation of the Parties, and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, all claims asserted in this action against Neways Japan Kabushiki Kaisha, Neways de Mexico S.A. de C.V., and Neways International (UK) Ltd. are dismissed, without prejudice, the parties to bear their respective costs and attorney's fees;

2. The Motion to Compel Discovery and Motion for Extension of Time and for Continuance filed May 17, 2004, by Plaintiffs is withdrawn and deemed moot based on the dismissal of Neways Japan Kabushiki Kaisha, Neways de Mexico S.A. de C.V., and Neways International (UK) Ltd.;

3. The hearing scheduled for June 23, 2004 to consider the Motion to Dismiss for Lack of Personal Jurisdiction filed by Neways Japan Kabushiki Kaisha, Neways de Mexico S.A. de C.V., and Neways International (UK) Ltd. is cancelled and vacated based on paragraph 1 above; and

4. Defendant Neways, Inc.'s Motion for Partial Summary Judgment filed on March 1, 2004, is withdrawn without prejudice.