Free Stipulation of Dismissal - District Court of Delaware - Delaware

Case 1:04-cv-00429-SLR

Document 9

Filed 08/30/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

In re CARIBBEAN PETROLEUM LP, et al.

Bankruptcy Case No. 01-11657 (PJW)

HERNAN SERRANO, Trustee Of The Caribbean Petroleum Creditors' Trust, and on behalf of the estates of the above-captioned debtors, Caribbean Petroleum, et al., as authorized representative, Plaintiff, v. POPULAR, INC.; POPULAR AUTO; POPULAR LEASING & RENTAL, INC.; POPULAR LEASING, USA; and POPULAR AUTO, INC., Defendants.

Civil Action No. 04-429 SLR

NOTICE AND STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF COMPLAINT PLEASE TAKE NOTICE that, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, as made applicable hereto by Rule 7041 of the Federal Rules of Bankruptcy Procedure, plaintiff Hernan Serrano, Trustee Of The Caribbean Petroleum Creditors' Trust, and on behalf of the estates of the above-captioned debtors, Caribbean Petroleum, et al., as authorized representative; and, defendants, Popular, Inc.; Popular Auto; Popular Leasing & Rental, Inc.; Popular Leasing, USA; and Popular Auto, Inc., hereby stipulate to the voluntary dismissal with prejudice of the Complaint (Docket No. 1 in the United States Bankruptcy Court for the District of Delaware, Adversary Case No. 03-60009) (the "Complaint") in the abovecaptioned action.

13037-001\DOCS_DE:110689.1

Case 1:04-cv-00429-SLR

Document 9

Filed 08/30/2005

Page 2 of 2