Filed: Mar. 07, 2018
Latest Update: Mar. 07, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Joint Stipulation of Voluntary Dismissal of Third-Party Claims Against Third-Party Defendants, Land Castle Title, LLC and Williamson and Sons Marine Construction, Inc. (Doc. 28) filed on February 20, 2018. The parties have stipulated to the dismissal of the third-party claims asserted by Gerard J. Ferguson against Land Castle Title, LLC and Williamson and Sons Marine Construction, Inc. (Doc. 4). Th
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Joint Stipulation of Voluntary Dismissal of Third-Party Claims Against Third-Party Defendants, Land Castle Title, LLC and Williamson and Sons Marine Construction, Inc. (Doc. 28) filed on February 20, 2018. The parties have stipulated to the dismissal of the third-party claims asserted by Gerard J. Ferguson against Land Castle Title, LLC and Williamson and Sons Marine Construction, Inc. (Doc. 4). The..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Joint Stipulation of Voluntary Dismissal of Third-Party Claims Against Third-Party Defendants, Land Castle Title, LLC and Williamson and Sons Marine Construction, Inc. (Doc. 28) filed on February 20, 2018. The parties have stipulated to the dismissal of the third-party claims asserted by Gerard J. Ferguson against Land Castle Title, LLC and Williamson and Sons Marine Construction, Inc. (Doc. 4). The Counterclaims asserted by Ferguson would remain pending.
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. This dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Here, the parties stipulate to dismissing the third-party claims without prejudice and with each side to bear their own attorney's fees and costs.
Accordingly, it is now
ORDERED:
(1) All third-party claims between Third-Party Plaintiff Gerard J. Ferguson and Third-Party Defendants Land Castle Title, LLC and Williamson and Sons Marine Construction, Inc. are dismissed without prejudice, with each side to bear their own attorney's fees and costs. Finding no just cause for delay, the Clerk shall enter judgment accordingly and terminate Third-Party Defendants Land Castle Title, LLC and Williamson and Sons Marine Construction, Inc. on the docket.
(2) Third-Party Defendant Land Castle Title, LLC's Motion to Dismiss or Strike Third-Party Complaint (Doc. 28) is DENIED AS MOOT.
DONE and ORDERED.