Burns, et al. v. City of Alexander City, et al. (JOINT ASSIGN)(MAG+)

Filing 89

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that: (1) Plf Burns's 88 motion to dismiss is granted; (2) Dfts D&L Foods, Inc., Daniel Yates, Lynn Patterson, LeGina Watson, and Huddle House, Inc. are dismissed with prejudice and terminated as parties, with all parties to bear their own costs; All claims against all other dfts remain; The court assumes that the dfts have no objection to the allowance of the dismissal; however, if there is any objection, it must be filed withi n seven days from the date of this order; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 10/26/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION MS. KOLEA BURNS, Administratrix of the Estate of Emerson Crayton, Jr., Plaintiff, v. CITY OF ALEXANDER CITY, a Municipal corporation, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:14cv350-MHT (WO) JUDGMENT Having Tanto considered Dismissal With plaintiff Kolea Prejudice”, Burns’s which the “Pro court construes as a motion to dismiss pursuant to Fed. R. Civ. P. 41(a)(2), it is the ORDER, JUDGMENT, and DECREE of the court that: (1) Plaintiff Burns’s motion to dismiss (doc. no. 88) is granted. (2) Defendants D&L Foods, Inc., Daniel Yates, Lynn Patterson, LeGina Watson, and Huddle House, Inc. are dismissed with prejudice and terminated as parties, with all parties to bear their own costs. All claims against all other defendants remain. The court assumes that the defendants have no objection to the allowance of the dismissal; however, if there is any objection, it must be filed within seven days from the date of this order. The clerk of the court is DIRECTED to enter this document on the civil pursuant to Rule 58 of docket the as a final Federal Rules judgment of Procedure. This case is not closed. DONE, this the 26th day of October, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE Civil

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