Opinion
Consolidated Case No. 2:02-cv-27 PGC.
June 24, 2004
David E. Leta, Esq., Matthew M. Boley, Esq., Amy K. Smedley, Esq., SNELL WILMER, Salt Lake City, UT, Attorneys for VOLVO COMMERCIAL FINANCE LLC THE AMERICAS.
DURHAM JONES PINEGAR, Richard C. Cahoon, Attorneys for Eric C. Jackson, Great Basin Companies, Inc., Jackson Family Partnership No. 5, Great Way Finance, Inc., Duane Peterson, Keith Jensen, Kirk Woolley, Mary Sheets, Karen Snow, and Bruce Adams.
ORDER DISMISSING CERTAIN CLAIMS
This matter is before the Court upon the Stipulation for Dismissal of Certain Claims (the "Stipulation"), filed by: plaintiff and counterclaim-defendant Volvo Commercial Finance LLC The Americas ( "Volvo Finance"); defendants and counterclaimants Eric C. Jackson and the Jackson Family Partnership No. 5, third-party plaintiffs, Great Basin Companies, Inc. and Great Way Finance, Inc. (the "Jackson Counterclaimants"); and defendants Duane Peterson, Keith Jensen, Kirk Woolley, Mary Sheets, Karen Snow and Bruce Adams (collectively with the Jackson Counterclaimants, the "Jackson Parties"). The Court has considered the Stipulation and other matters of record, and finds good cause for approving the Stipulation. Accordingly, it is hereby
ORDERED that all of Volvo Finance's claims against any one or more of the Jackson Parties in the above-captioned consolidated case shall be, and hereby are, DISMISSED with prejudice; it is FURTHER ORDERED that all of Volvo Finance's claims and causes of action pleaded in the Amended Complaint, dated February 26, 2002, and the Second Amended Complaint, dated March 25, 2003, shall be, and hereby are, DISMISSED with prejudice; it is
FURTHER ORDERED that all of the Jackson Parties' claims against Volvo Finance in the above-captioned consolidated case shall be, and hereby are, DISMISSED with prejudice; it is
FURTHER ORDERED that Counts I, VI, VIII, IX, X and IX pleaded in the counterclaim portion of the Jackson Counterclaimants' Amended Answer, Defenses Counterclaim, dated March 7, 2003 (the "Counterclaim") shall be, and hereby are, DISMISSED with prejudice and in their entirety; it is
FURTHER ORDERED that Counts II, III, IV, VII and XII of the Counterclaim shall be, and hereby are, DISMISSED, as against Volvo Finance only, with prejudice; and it is
FURTHER ORDERED that Volvo Finance and the Jackson Parties each shall bear their own attorney fees and costs.