Free Order on Motion to Dismiss - District Court of Delaware - Delaware


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Date: June 29, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :06-cv—00055-GIVIS Document 208 Filed 06/29/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TESLA INDUSTRIES, INC., )
)
Plaintiff, )
) C.A. No. 06-055-GMS
vi. )
)
DAVID C. WALDMANN, )
LYNDOL W. HOLLINGSWORTH, )
CHARLES MINNICK a/k/a CHUCK MINNICK, and )
NEW MILLENIUM TOOLS, INC., )
)
Defendants. )
ORDER
WHEREAS, plaintiff Tesla Industries, Inc. has instituted Civil Action No. 06-55-
GMS in this Court, seeking relief for trade secret misappropriation, breach of contract
and other claims;
WHEREAS, defendants Lyndol W. Hollingsworth, Charles Minnick and New
Millennium Tools, Inc., (collectively "NMT Defendants") have Answered the Complaint
and therein tiled antitrust and other counterclaims;
WHEREAS, the parties have agreed to settle Civil Action No. 06-55-GMS on the
basis of an agreement entitled "Mutual Release and Settlement Agreement," effective the
20th day of June, 2007 (hereinaiter "Settlement Agreement") and a Consent Decree and
Injunction, and ptusuant to the Settlement Agreement have filed a Joint Motion for Entry
of Order Dismissing with Prejudice All Claims and Counterclaims Between Plaintiff and
Defendants Lyndol Hollingsworth, Charles Minniek and New Millennium Tools, Inc.;

Case 1:06-cv—00055-GI\/IS Document 208 Filed 06/29/2007 Page 2 of 2
IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that:
l. All claims and counterclaims between Tesla Industries, Inc. and the NMT
Defendants are hereby dismissed, with prejudice.
2. Each pany shall bear its own costs and fees.
74
SO ORDERED, this 27 day of June, 2007.
Gregoi M. Sfeet é g
United States District Judge
F I L E D
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