Continental 332 Fund, LLC v. Albertelli, 2:17-cv-41-FtM-38MRM. (2020)
Court: District Court, M.D. Florida
Number: infdco20200127f07
Visitors: 3
Filed: Jan. 27, 2020
Latest Update: Jan. 27, 2020
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court are Plaintiffs' Request for Dismissal without Prejudice of Defendant Kerry Heltzel (Doc. 530) and the Joint Request for Dismissal with Prejudice of Certain Pleadings and Claims (Doc. 572). Federal Rule of Civil Procedure 41(a)(2) allows plaintiffs to request dismissal of actions by court order, on terms that the Court considers proper. Here, Plaintiffs and most of the defendants have settled their claims and wi
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court are Plaintiffs' Request for Dismissal without Prejudice of Defendant Kerry Heltzel (Doc. 530) and the Joint Request for Dismissal with Prejudice of Certain Pleadings and Claims (Doc. 572). Federal Rule of Civil Procedure 41(a)(2) allows plaintiffs to request dismissal of actions by court order, on terms that the Court considers proper. Here, Plaintiffs and most of the defendants have settled their claims and wis..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court are Plaintiffs' Request for Dismissal without Prejudice of Defendant Kerry Heltzel (Doc. 530) and the Joint Request for Dismissal with Prejudice of Certain Pleadings and Claims (Doc. 572). Federal Rule of Civil Procedure 41(a)(2) allows plaintiffs to request dismissal of actions by court order, on terms that the Court considers proper. Here, Plaintiffs and most of the defendants have settled their claims and wish to dismiss them. The Court ordered any party who objects to the requests to raise such objections, in writing, on or before January 24, 2020. (Doc. 573). No one objected to the requested dismissals.2
Accordingly, it is now
ORDERED:
(1) Plaintiffs' Request for Dismissal without Prejudice of Defendant Kerry Heltzel (Doc. 530) is GRANTED. Plaintiffs' claims against Heltzel set out in the Fourth Amended Complaint (Doc. 218) are DISMISSED without prejudice.
(2) The Joint Request for Dismissal with Prejudice of Certain Pleadings and Claims (Doc. 572) is GRANTED.
a. Plaintiffs' claims against David Albertelli, George Albertelli, Amy Butler, Albertelli Construction, Inc., Westcore Construction, LLC (Del.), Westcore Construction, L.L.C. (Nev.), Foundation Management, LLC, National Framing, LLC, U.S. Construction Trust, MFDC, LLC, Team CCR, LLC, and KMM Construction, LLC set out in the Fourth Amended Complaint (Doc. 218) are DISMISSED with prejudice.
b. National Framing, LLC's Amended Counterclaim (Doc. 247) is DISMISSED with prejudice.
c. Westcore Construction, LLC's Amended Counterclaim (Doc. 246) is DISMISSED with prejudice.
d. KMM Construction, LLC's Amended Counterclaim (Doc. 245) is DISMISSED with prejudice.
e. Albertelli Construction, Inc.'s Fifth Amended Counterclaim and Third-Party Complaint (Doc. 370) is DISMISSED with prejudice.
f. Continental Properties Company, Inc.'s Counterclaim (Doc. 381) is DISMISSED with prejudice.
(3) The Clerk is DIRECTED to enter judgment on the above-listed claims and to terminate the following parties: David Albertelli, George Albertelli, Amy Butler, Albertelli Construction, Inc., Westcore Construction, LLC (Del.), Westcore Construction, L.L.C. (Nev.), Foundation Management, LLC, National Framing, LLC, U.S. Construction Trust, MFDC, LLC, Team CCR, LLC, KMM Construction, LLC, Continental Properties Company, Inc., and Kerry Heltzel.
(4) Counsel for Kerry Heltzel is no longer required to attend the telephonic status conference set for January 28, 2020.
DONE and ORDERED.
FootNotes
1. Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink's availability and functionality, and a failed hyperlink does not affect this Order.
2. Greogry Hilz filed the only response, taking issue with the parties' representation in Doc. 572-1 that he is named in Counts 1-3 and 5-6 of the Fourth Amended Complaint. The Court notes Hilz's objection and will address it in a future order.
Source: Leagle
