Lake Martin, Inc. et al v. Kroger Limited Partnership I et al

Filing 45

ORDER, upon consideration of the 43 Joint Stipulation of Dismissal it is hereby ORDERED: (1) that all claims against def Sam's East, Inc. are DISMISSED with prejudice, each party to bear its own costs; (2) that plfs' claims as set forth in the complaint remain against all other defs, named or unnamed; (3) def Racetrac's 30 MOTION to Sever is DENIED as MOOT. Signed by Hon. Chief Judge Mark E. Fuller on 3/1/10. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT FOR T H E MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION L A K E MARTIN, INC., et al., P la in tif f s , v. K R O G E R LIMITED PARTNERSHIP I, e t al., D e f e n d a n ts. ) ) ) ) ) ) ) ) )

C A S E NO. 3:09-cv-985-MEF

(W O - Do Not Publish)

ORDER
U p o n consideration of the Joint Stipulation for Dismissal With Prejudice (Doc. #43) f ile d on February 23, 2010, it is hereby ORDERED: 1 . That all claims against defendant Sam's East, Inc. are DISMISSED with prejudice, e a c h party to bear its own costs. 2 . That plaintiffs' claims as set forth in the complaint remain against all other d e f e n d a n ts , named or unnamed. 3 . That defendant Racetrac's motion to sever (Doc. #30) is DENIED as MOOT. D O N E this the 1st day of March, 2010.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE