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DRINKWALTER v. FRONTERA PRODUCE LTD., 7:13CV5006 (2014)

Court: District Court, D. Nebraska Number: infdco20140917e04 Visitors: 26
Filed: Sep. 15, 2014
Latest Update: Sep. 15, 2014
Summary: ORDER OF DISMISSAL LAURIE SMITH CAMP, Chief District Judge. This matter is before the Court on the Notice of Dismissal of Third-Party Claims without Prejudice (Filing No. 135) filed by Wal-mart Stores Inc.'s ("Walmart"), and the Stipulation for Dismissal (Filing No. 134) filed by Isla Drinkwalter, individually and as Personal Representative of the Estate of George Drinkwalter ("Drinkwalter"); Walmart, Frontera Produce LTD ("Frontera"); and Primus Group, Inc. d/b/a "Primus Labs" ("Primus"). No
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ORDER OF DISMISSAL

LAURIE SMITH CAMP, Chief District Judge.

This matter is before the Court on the Notice of Dismissal of Third-Party Claims without Prejudice (Filing No. 135) filed by Wal-mart Stores Inc.'s ("Walmart"), and the Stipulation for Dismissal (Filing No. 134) filed by Isla Drinkwalter, individually and as Personal Representative of the Estate of George Drinkwalter ("Drinkwalter"); Walmart, Frontera Produce LTD ("Frontera"); and Primus Group, Inc. d/b/a "Primus Labs" ("Primus").

Notice of Dismissal

The Notice complies with Federal Rule of Civil Procedure 41(a)(1)(A)(i), and the Court finds that it should be approved. All third-party claims against Third-Party Defendant Jensen Farms ("Jensen") and Third-Party Defendant Bio Food Safety, Inc. ("Bio Food") filed by Walmart in the above-captioned action will be dismissed without prejudice. The Court will not assess costs and attorney's fees with regard to the claims dismissed pursuant to the Notice.

Stipulated Dismissal

The Stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and the Court finds that it should be approved. All claims and counterclaims between Drinkwalter and Walmart in the above-captioned action will be dismissed with prejudice. All cross-claims filed by Walmart against Frontera will be dismissed without prejudice. All claims between Walmart and Primus in the above-captioned action will be dismissed without prejudice. The parties will bear their own costs and attorney's fees with regard to the claims dismissed pursuant to the Stipulation. Accordingly,

IT IS ORDERED:

1. The Notice of Dismissal of Third-Party Claims without Prejudice (Filing No. 135) filed by Walmart is approved; 2. All third-party claims filed by Walmart against Jensen and Bio Food in the above-captioned action are dismissed without prejudice; 3. The Court will not assess costs and attorney's fees with regard to the claims filed by Walmart against Jensen and Bio Food; 4. The Stipulation for Dismissal (Filing No. 134) filed by Drinkwalter, Walmart, Frontera, and Primus is approved; 5. All claims and counterclaims between Drinkwalter and Walmart in the above-captioned action are dismissed with prejudice; 6. All claims filed by Walmart against Frontera are dismissed without prejudice; 7. All claims between Walmart and Primus in the above-captioned action are dismissed without prejudice; 8. Primus' Motion to Dismiss Walmart's Cross Claim (Filing No. 98) is denied as moot; and 9. The parties will bear their own costs and attorney's fees with regard to all claims dismissed pursuant to the Stipulation.
Source:  Leagle

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