Free Notice of Settlement - District Court of Colorado - Colorado

Case 1:03-cv-01291-MSK-CBS

Document 362

Filed 01/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-1291-MSK-CBS FRIEDA E. ENSSLE; BURKE E. ENSSLE; and HEIDI ENSSLE WILSON; Plaintiffs, v. ILLINOIS TOOL WORKS, INC.; SAMES CORPORATION; BINKS RESEARCH & DEVELOPMENT CORPORATION; JOHN DOE/JANE DOE (any person receiving value for transfer of Binks R&D assets), Defendants.

NOTICE OF SETTLEMENT

The parties, Plaintiffs FRIEDA E. ENSSLE, BURKE E. ENSSLE and HEIDI ENSSLE WILSON, by their attorney, PETER ROGERS, Defendant ILLINOIS TOOL WORKS, INC. (hereinafter "ITW"), by its attorney ROBIN LUNN of the law firm of MAYER, BROWN, ROWE & MAW, L.L.P., and Defendants SAMES CORPORATION (hereinafter "Sames") and BINKS RESEARCH AND DEVELOPMENT CORPORATION (hereinafter "Binks R&D"), by their attorney, WILLIAM L. SENTER of the law firm of SENTER GOLDFARB & RICE, L.L.C., notify the court as follows: 1. 2. The parties have settled their dispute in this Court in the above captioned action. The parties agree that Defendants ITW, Sames, and Binks R&D shall pay Plaintiffs

Case 1:03-cv-01291-MSK-CBS

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a confidential sum of money. 3. The parties agree that Plaintiffs' Complaint, First Amended Complaint and Second

Amended Complaint shall be dismissed with prejudice within five days after the parties sign the full Settlement Agreement, the Mutual Release and make the exchange of funds as set forth in their Settlement Agreement. 4. The parties agree that Defendant ITW's cross-claims against Defendants Binks

R&D and Sames, and counterclaims against Plaintiffs, asserted in Defendant ITW's Answer, Answer to First Amended Complaint and Answer to Second Amended Complaint, shall be dismissed with prejudice within five (5) days after the parties sign the full Settlement agreement, the Mutual Release and make the exchange of funds as set forth in their Settlement Agreement. 5. Except as set forth above, each of the parties shall bear responsibility for their own

costs and attorneys' fees. WHEREFORE, the parties notify the Court of the foregoing and respectfully request that the Court vacate the trial now set to begin January 9, 2006.

Respectfully submitted, By s/Peter Rogers Peter Rogers 885 Arapahoe Avenue Boulder, CO 80302 Tel: (720) Fax: (303) 544-0998 Attorney for Plaintiffs

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MAYER, BROWN, ROWE & MAW, L.L.P.

By s/Robin Lunn Robin Lunn 71 South Wacker Drive Chicago, Illinois 60606 Tel: (312) 701-8138 Fax: (312) 706-9119 Attorneys for Defendant Illinois Tool Works, Inc. SENTER GOLDFARB & RICE, L.L.C.

By s/William L. Senter William L. Senter Angela D. DeVine 1700 Broadway, Suite 1700 Denver, Colorado 80290 Tel: (303) 320-0509 Fax: (303) 320-0210 Attorneys for Defendants Sames Corporation and Binks Research & Development Corporation

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 6th day of January, 2006, a true and correct copy of the above and foregoing NOTICE OF SETTLEMENT was filed with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses:

[email protected] [email protected] [email protected] [email protected] [email protected] and I hereby certify that I have served the following via U.S. mail, postage prepaid, addressed to: Charles G. Crosse, IV, Esq. Crosse Law Office, P.C. 1120 Lincoln Street, #1601 Denver, CO 80203

s/ Julie A. Kurth E-mail: [email protected] Secretary for Attorney William L. Senter

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