UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
November 20, 2012
SMITH OPTICS, INC., AN IDAHO CORPORATION,
OAKLEY, INC., A WASHINGTON CORPORATION; AND EYE SAFETY SYSTEMS, INC., A DELAWARE CORPORATION, DEFENDANTS. AND RELATED COUNTERCLAIMS
The opinion of the court was delivered by: B.LynnWinmill ChiefJudgeUnitedStatesDistrictCourt
ORDER GRANTING JOINT MOTION TO DISMISS DEFENDANT EYE SAFETY SYSTEMS, INC. ONLY WITH PREJUDICE
The Court having considered the parties' Joint Motion to Dismiss Defendant Eye Safety Systems, Inc. Only With Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), and for good cause shown, hereby GRANTS the parties' joint motion.
NOW THEREFORE IT IS HEREBY ORDERED that:
(1) Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, all claims, counterclaims and defenses currently pending between Smith and ESS only are hereby dismissed with prejudice; and,
(2) Smith and ESS shall bear their own costs and attorneys' fees.
(3) The Court shall retain jurisdiction over this matter to enforce compliance with the Settlement Agreement.
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