Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:05-cv-00296-SLR Document 9-2 Filed 06/07/2005 Page 1 of 1
UNITED STATES NSTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
DAKOTA IMAGING, HSC., )
)
Plaintiff, ) Civil Action N0. 1:05-CV-296 (SLR)
)
v. )
) JURY TRIAL DEMANDED
SANDEEP GOEL and )
PRADEEP GOEL, )
)
Defendants/Counterclaim- )
Plaintiffs, )
)
v. )
)
DAKOTA IMAGING, INC., )
ENVOY CORPORATION, and )
WEB MJ) CORPORATION, )
)
Counterclaim- )
Defendants )
I
{PROPOSED; ORDER
The Court, having considered Plaintiff/Countetclaim»Defendant Dakota imaging, Inc ’s
Motion for Partial Dismissal (“l\/lotion"), and ali briefing and argument thereon, and good cause
having been shown for the relief sought in the Motion
ET ES HEREBY ORDERED this day of , 2005 that
the Motion is GRANTED and that the counterciaims against Dakota Imaging, Inc in the above-
captioned action seeking damages pursuant to the "earnot1t provision“ in the Merger Agreement
including and counterclaims for "earnout" damages in connection with the termination of the
Defendants/Counte1·ciaiin-Plaintiffs’ Employment Agreements, are dismissed with prejudice
United States District Judge
Rial: l-2H$§#$59l}-l