Free Stipulation of Dismissal - District Court of Delaware - Delaware

Case 1:06-cv—00015-G|\/IS Document 19 Filed 08/16/2006 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILMINGTON TUG, INC.
Plaintiff Civil Action No.: l:O6—cv—OOOl5
v. :
M/V CLARY, her engines, tackle, boilers, V
etc. in rem : —-
and :
CLARY SHIPPING, in personam 1 .
Defendants.
STIPULATION OF DISMISSAL
The parties, by and through their undersigned counsel, hereby stipulate and agree to the
dismissal of this action on the terms set forth below pursuant to Fed. R. Civ. Pro. 4l(a)(l):
1. Plaintiff Wilmington Tug, Inc. hereby agrees to dismiss, with prejudice, all claims
against the defendants M/V CLARY and Clary Shipping except for those claims described in
Paragraph 2 of this Stipulation, which shall be and are dismissed without prejudice.
j 2. Plaintiff Wilmington Tug, Inc. hereby agrees to dismiss, without prejudice, any claim
or cause of action by Wilmington Tug, Inc. against the M/V CLARY or Clary Shipping for
contribution and/or indemnity in connection with a claim, demand or cause of action made or
initiated against Wilmington Tug, Inc. by its employee Jeffrey Gidden with regard to the incident
which forms the basis of the Complaint in this matter and any claim or cause of action by
Wilmington Tug, Inc. against the M/V CLARY or Clary Shipping to enforce the terms and

Case 1 :06-cv-00015-GIVIS Document 19 Filed 08/16/2006 Page 2 of 2
conditions of a certain Settlement Agreement and Release executed between the parties on or about
June 29, 2006.
PALMER BIEZUP & HENDERSON LLP RICHARl_5 R. WIER, JR. P.A.
,L WY] 4/M 1, A i/?////
By: - _ By: » lv U6
A Michael B. McCauley (ID No Richard R. Wier, Jr. (#71
1223 Foulk Road 1220 Market Street
Wilmington, DE 19803 Suite 600 g
(302) 594-0895 Wilmington, DE 19801
Attomeys for Claimant, (302) 888-3222
Wilmington Tug, Inc. Attorneys for Plaintiff
Dated: August 16, 2006 A
man; mm.1
g 2