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2009-04-28 City vs SEH Stipulation of Dismissal with Prejudice @ IVERSON REUVERS ATTORNEYS AT LAW April 28, 2009 Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE P.O. Box 9 Albertville, MN 55301 PERSONAL AND CONFIDENTIAL RE: City of Albertville vs. SEH Our File No. 800.520 Dear Mr. Kruse: Enclosed please find the original Stipulation of Dismissal with Prejudice. This will conclude our handling of this file. We will not keep our file open during the Promissory Note payment plan. If any issues arise from the Promissory Note, we can either reopen our file or the matter can be handled by the City Attorney. As you are aware, this was a good case to resolve and we believe it was resolved on good terms for the City. Weare pleased with the result and the ability to avoid protracted discovery and motion practice. Thank you for the opportunity to work with the City of Albertville. The entire City staff, as well as consulting engineers and attorneys, provided great assistance in resolving this case. Please feel free to contact me if you have any questions. Very truly yours, IVERSON REUVERS ?'/. )/}.// .":;~::":;;>/> $."-:..J~//; . /,r ,,/. - - -' J asBil J. jfuboushek " ,.- DK:be Enclosure p.s. Our final statement for services will follow under separate cover. JJK IVERSON REUVERS, LLC I 9321 ENSIGN AVENUE SOUTH I BLOOMINGTON, MN 55438 I 952.548.7200 I FAX: 952.548.7210 JASON J. KUBOUSHEK DIRECT 952.548.7206 J K U BOUSH EK@IVERSONLAW.COM JON K. IVERSON PAULD.REUVERS JEFF M. ZALASKY JASON J. KUBOUSHEK PAMELAJ.F. WHITMORE JASON M. HIVELEY SUSAN M. TINDAL STEPHANIE A. ANGOLKAR ANDREA B. WING WWW.IVERSONLAW.COM STATE OF MINNESOTA DISTRICT COURT COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT CASE TYPE: Declaratory Judgment/Breach of Contract City of Albertville, Court File No. Plaintiff, vs. STIPULATION OF DISMISSAL WITH PREJUDICE Short Elliott Hendrickson, Inc., Defendant. The undersigned attorneys hereby advise the Court that all claims by all parties in the above-entitled cause of action have been fully compromised and settled. Therefore, IT IS HEREBY STIPULATED BY AND BETWEEN all the parties hereto, through their respective undersigned attorneys, that this entire lawsuit may be, and hereby is, dismissed on its merits and with prejudice. IT IS FURTHER STIPULATED, that without further notice, a Judgment of Dismissal with Prejudice and upon the merits of all claims, without costs, attorney fees, or disbursements, may be entered herein. IVERSON REUVERS Dated: /~<""'~~1/') /' f / cF '" ./ .~ /~>// / /~/'j:;:;;:::~;;:;';' By. ____..,,""" .". ~"'~,I' Jas.0n J. ~ubo'iishek, #304037 Attorrieys f~r Plaintiff 9321 Ensign Avenue Bloomington, MN 55438 (952) 548-7200 Dated: f,ri ! f I if A A j 7- . I (,;'1 COLEMAN, HULL & VANVLIET 1 By '\/,\ ; , ~. \ Mark J. Heley, #h59 16 John A. Markert, #30 5110 Attorneys for Defendant 8500 Normandale Lake Boulevard Suite 211 0 Minneapolis, MN 55437 (952) 841-0001 2