Free Order - District Court of Arizona - Arizona

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FENNEMORE CRAIG, P.C.
P H O E N IX

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Century 21 Real Estate Corporation, Plaintiff, v. Daryush B. Motlagh and Jane Doe Motlagh, husband and wife; Integrity Assurance, Inc. an Arizona corporation, Defendants. Daryush B. Motlagh and Jennifer Motlagh, husband and wife; Integrity Assurance, Inc., an Arizona corporation, Counterclaimants, v. Century 21 Real Estate Corporation, a Delaware corporation doing business in the State of Arizona, Does(s) 1 through 100, Counterdefendants. WHEREAS, the parties have submitted a stipulation for entry of permanent injunction and to dismiss Century 21 Real Estate Corporation's claims without prejudice, and good cause appearing: ORDER DISMISSING COUNTS TWO, THREE AND FOUR OF THE VERIFIED COMPLAINT WITHOUT PREJUDICE No. CIV 03 2353-PHX-DGC

Case 2:03-cv-02353-DGC

Document 92

Filed 11/15/2006

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FENNEMORE CRAIG, P.C.
P H O E N IX

IT IS ORDERED THAT Century 21 Real Estate Corporation's ("Century 21") claims for Disgorgement of Profit (Second Count), Unjust Enrichment (Third Count) and Breach of Contract (Fourth Count) shall be dismissed without prejudice with each party to bear its own attorneys' fees and costs. Century 21 shall only have the right to renew these claims in the event that Defendants file a motion for reconsideration or appeal the entry of the summary judgment on the counterclaims. Dated this 14th day of November, 2006.

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