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OLIVER v. M/V BARBARY COAST, CA 11-0223-KD-C. (2012)

Court: District Court, S.D. Alabama Number: infdco20120719659 Visitors: 4
Filed: Jul. 06, 2012
Latest Update: Jul. 06, 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. 243). As grounds, Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC asserts that his claims against In Rem Defendant M/V BARBARY COAST have been resolved such that dismissal with prejudice of same is proper with each pa
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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. 243).

As grounds, Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC asserts that his claims against In Rem Defendant M/V BARBARY COAST have been resolved such that dismissal with prejudice of same is proper with each party to bear his or its own costs and attorneys' fees. (Id.) Additionally, in so doing, Plaintiff "makes no further claims against the monies currently held by the Clerk of Court, from the sale of the vessel." (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. 243) is GRANTED such that Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC's claims against In Rem Defendant M/V BARBARY COAST are DISMISSED with prejudice with each party to bear his or its own costs and attorney's fees, and Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC no longer asserts any claims against the monies currently held by the Clerk of Court from the sale of the vessel.

DONE and ORDERED.

Source:  Leagle

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