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GREAT AMERICAN INSURANCE COMPANY v. DELPHINI CONSTRUCTION COMPANY, 6:14-cv-1412-Orl-41DAB. (2016)

Court: District Court, M.D. Florida Number: infdco20160526a64 Visitors: 10
Filed: May 25, 2016
Latest Update: May 25, 2016
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the Notice of Dismissal without Prejudice (Doc. 129). Pursuant to that Notice and Federal Rule of Civil Procedure 41(a)(1)(A)(i), it is ORDERED and ADJUDGED that this case is DISMISSED without prejudice as to Defendants Delphini Construction Company; Delphini Builders, Inc.; Delphini Investment Group, LLC; Delphini Industrial Park at Northstar, LLC; and Delphini Industrial Park at Beardall, LLC. It is further
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ORDER

THIS CAUSE is before the Court on the Notice of Dismissal without Prejudice (Doc. 129). Pursuant to that Notice and Federal Rule of Civil Procedure 41(a)(1)(A)(i), it is ORDERED and ADJUDGED that this case is DISMISSED without prejudice as to Defendants Delphini Construction Company; Delphini Builders, Inc.; Delphini Investment Group, LLC; Delphini Industrial Park at Northstar, LLC; and Delphini Industrial Park at Beardall, LLC. It is further ORDERED that the Motion for Default Judgment as to Liability and Motion for Summary Judgment as to Damages (Doc. 115) and The Renewed Motion for Final Default Judgments (Doc. 126) are DENIED as moot. Further, the dismissal of the above-referenced parties renders the pending Report and Recommendation (Doc. 128) moot. The Clerk is directed to terminate these parties as Defendants and amend the case style accordingly.

Upon further review of the record, it appears that this dismissal resolves all remaining claims except those against Kenneth M. Delp III, against whom these proceedings have been stayed due to Mr. Delp's filing of bankruptcy. (See Suggestion of Bankr., Doc. 86; Sept. 29, 2015 Order, Doc. 111, at 2 n.2). Therefore it is additionally ORDERED that on or before June 9, 2016, Plaintiff shall notify the Court whether it intends to proceed with the claims against Kenneth M. Delp III, and, if so, the status of Mr. Delp's bankruptcy proceedings.

DONE and ORDERED.

Source:  Leagle

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