Free Stipulation of Dismissal - District Court of Federal Claims - federal

Case 1:99-cv-00078-LB

Document 41

Filed 10/05/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SPORTING GOODS PROPERTIES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 99-78C (Judge Block)

STIPULATION OF DISMISSAL Pursuant to their April 26, 2005 settlement agreement, the parties stipulate to dismissal of this action pursuant to Rule 41(a)(1) of the Rules of the United States Court of Federal Claims, with prejudice and with each party to bear its own costs and fees. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/David M. Cohen DAVID M. COHEN Director

Case 1:99-cv-00078-LB

Document 41

Filed 10/05/2005

Page 2 of 3

s/John McGahren JOHN MCGAHREN Latham & Watkins LLP One Newark Center Newark, NJ 07101-3174 Tel: (973) 639-1234 Fax: (973) 639-7298 Attorneys for Plaintiff Sporting Goods Properties, Inc. October 5, 2005

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-0361 Facsimile: (202) 514-7965 Attorneys for Defendant October 5, 2005

2

Case 1:99-cv-00078-LB

Document 41

Filed 10/05/2005

Page 3 of 3

Certificate of Filing I hereby certify that on October 5, 2005, a copy of the foregoing Stipulation Of Dismissal was filed electronically. I

understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. may access this filing through the Court's system. Parties

s/Timothy P. McIlmail

3