Federated Mutual Insurance Company v. Eternal Services, Inc. et al

Filing 51

PRO TANTO ORDER OF DISMISSAL re 48 Joint Stipulation of Pro Tanto Dismissal; that said action against dfts Greg Broadway, Shirley Broadway, and Susan Broadway, individually and as Administratrix of the Estate of Joshua Broadway is dismissed with pr ejudice, with costs taxed as paid; further, the Court agrees and ORDERS that all claims asserted by plf and against dfts Eternal Services, Inc., Forest Hills, LLC, Jackie Hebert and John Duncan, specifically relating and arising out of the claims and /or causes of action asserted in the Broadway state court action only, are dismissed with prejudice, costs taxed as paid, as further set out in order. Signed by Honorable Myron H. Thompson on 8/9/2010. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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Federated Mutual Insurance Company v. Eternal Services, Inc. et al Doc. 51 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ) ) ) ) Plaintiff, ) ) vs. ) ) ETERNAL SERVICES, INC., a ) Corporation; FOREST HILLS ) MEMORIAL PARK, L.L.C., a ) Limited Liability Company; ) ROBERT LONSDALE, an ) Individual, SUSAN BROADWAY, ) Individually and as the ) Administratrix of the Estate of ) Joshuah Broadway; SHIRLEY ) BROADWAY, an individual; ) GREG BROADWAY, an individual; ) JACKIE HEBERT, an individual; ) and JOHN DUNCAN, an individual, ) ) Defendants. ) FEDERATED MUTUAL INSURANCE COMPANY, a Corporation, CIVIL ACTION CASE NUMBER: 2:10-cv-00064-MHT (WO) PRO TANTO ORDER OF DISMISSAL This matter is before the Court on the Joint Stipulation of Pro Tanto Dismissal (doc. no. 48) filed by the plaintiff and the defendants, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Having considered the Joint Stipulation of Pro Tanto Dismissal, the Court hereby orders that said action against defendants Greg Broadway, Shirley Broadway, and Susan Broadway, individually and as Administratrix of the Estate of Joshua Broadway is Dockets.Justia.com dismissed with prejudice, with costs taxed as paid. Further, the Court agrees and ORDERS that all claims asserted by plaintiff and against defendants Eternal Services, Inc., Forrest Hills, LLC, Jackie Hebert and John Duncan, specifically relating and arising out of the claims and/or causes of action asserted in the Broadway state court action only, are dismissed with prejudice, costs taxed as paid. However, this Order of Dismissal inures only to the benefit of those parties and claims specifically dismissed and plaintiff reserves all rights and actions against Robert Lonsdale, Eternal Services, Inc., Forest Hills, LLC, Jackie Hebert, and John Dunc a n. In other words, only defendants Greg Broadway, Shirley Broadway, and Susan Broadway are dismissed completely and terminated as to this litigation. Dated this the 9th day of August, 2010. /s/ Myron H. Thompson Myron H. Thompson United States District Judge

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