Free Stipulation of Dismissal of Case - District Court of Colorado - Colorado

Case 1:01-cv-01882-PSF-CBS

Document 133

Filed 11/28/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-cv-01882-PSF-CBS-BNB OUTLAST TECHNOLOGIES, INC., Plaintiff, v. FRISBY TECHNOLOGIES, INC., Defendant. JOINT STIPULATION OF DISMISSAL WITH PREJUDICE Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), Plaintiff hereby files this stipulation of dismissal signed by all parties who have appeared in the action. The Parties, by and through undersigned counsel, hereby stipulate and agree that the above-captioned Complaint and action, including all claims and counterclaims between them, should be dismissed with prejudice, each Party to bear its own costs and attorneys' fees. The United States Bankruptcy Court adjudicating Frisby's bankruptcy considered and approved dismissal of this action. The Parties agree to comply with the terms and conditions of the Bankruptcy Court's Order. A copy of the Bankruptcy Court's Order dated September 22, 2005, approving dismissal of the claims and counterclaims in this suit is attached hereto as Exhibit A. Dated: November 28, 2005

1

Case 1:01-cv-01882-PSF-CBS

Document 133

Filed 11/28/2005

Page 2 of 2

s/Orion Armon James P. Brogan Orion Armon COOLEY GODWARD LLP 380 Interlocken Crescent, Suite 900 Broomfield, Colorado 80021 Telephone: (720) 566-4000 FAX: (720) 566-5099 E-mail: [email protected] Attorneys for Outlast Technologies, Inc.
237484 v1/CO

s/William J. Hone William J. Hone FISH & RICHARDSON P.C. Citigroup Center 153 East 53rd Street, 52nd Floor New York, New York 10022-4611 Telephone: (212) 765-5070 FAX: (212) 258-2291 E-mail: [email protected] Attorney for Frisby Technologies, Inc.

2