Elawyers Elawyers
Ohio| Change

OLIVER v. COAST, CA 11-0223-KD-C. (2012)

Court: District Court, S.D. Alabama Number: infdco20120627876 Visitors: 18
Filed: Jun. 26, 2012
Latest Update: Jun. 26, 2012
Summary: ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on a "Motion to Dismiss Claims With Prejudice" filed by Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC, and filed with consent of all the parties. (Doc. 241). As grounds, Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC asserts that its claims and/or counterclaims against individual Defendant Rodd Cairns, Defendant Atchafalaya Marine, LLC and Defendant Midsouth Bank, N.A
More

ORDER

KRISTI K. DuBOSE, District Judge.

This matter is before the Court on a "Motion to Dismiss Claims With Prejudice" filed by Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC, and filed with consent of all the parties. (Doc. 241).

As grounds, Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC asserts that its claims and/or counterclaims against individual Defendant Rodd Cairns, Defendant Atchafalaya Marine, LLC and Defendant Midsouth Bank, N.A., have been resolved such that dismissal with prejudice of same is proper with each party to bear its own costs and attorneys' fees. (Id.)

The motion is construed as Rule 41(a)(2) voluntary motion to dismiss "at the plaintiff's request only by court order, on terms that the court considers proper[]," given that the motion is not signed by all parties to this case, is not a joint stipulation, and the opposing parties have already served answers.

Upon consideration, it is ORDERED that the "Motion to Dismiss Claims With Prejudice" filed by Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC (Doc. 241) is GRANTED such that Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC's claims and/or counterclaims against individual Defendant Rodd Cairns, Defendant Atchafalaya Marine, LLC and Defendant Midsouth Bank, N.A., are hereby DISMISSED with prejudice with each party to bear his or its own costs and attorney's fees.

DONE and ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer