Wildfire Group, LLC v. Prime Insurance Company

Filing 83

JUDGMENT: This matter is before the court on defendant Prime Insurance Companys motion for voluntary dismissal of its counterclaim without prejudice, which motion is contained in defendants response (doc. no. 82 ) to the United States Magistrate Jud ges show-cause order (doc. no. 80 ). It is ORDERED, ADJUDGED, and DECREED that the motion for voluntary dismissal of the counterclaim (doc. no. 82 ) is granted and that the counterclaim (doc. no. 32 ) is dismissed in its entirety without prejudice , pursuant to Fed. R. Civ. P. 41(a)(2). The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 10/22/2015. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WILDFIRE GROUP LLC,
Plaintiff,
v.
PRIME INSURANCE COMPANY,
Defendant.

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CIVIL ACTION NO.
1:12cv847-MHT
(WO)

JUDGMENT
This matter is before the court on defendant Prime
Insurance Company’s motion for voluntary dismissal of
its

counterclaim

without

prejudice,

which

motion

is

contained in defendant’s response (doc. no. 82) to the
United States Magistrate Judge’s show-cause order (doc.
no. 80).

In its response, Prime explains that some of

its counterclaim has been rendered moot by a Utah court
and that the

remainder of its counterclaim

only hypothetical issues.

presents

Moot and hypothetical issues

do not present a case or controversy over which this
court has jurisdiction.

* * *
Accordingly,
defendant

Prime

based

on

Insurance

ADJUDGED, and DECREED

the

representations

Company,

it

is

of

ORDERED,

that the motion for voluntary

dismissal of the counterclaim (doc. no. 82) is granted
and that the counterclaim (doc. no. 32) is dismissed in
its entirety without prejudice, pursuant to Fed. R.
Civ. P. 41(a)(2).
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is not closed.
DONE, this the 22nd day of October, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

Civil