State of Alabama, et al v. Ala. Wood Treating, et al

Filing 570

ORDER GRANTING 569 MOTION to Dismiss as set out. Plfs' claims against Dft Alabama Wood Treating Corporation are DISMISSED w/prejudice as set out. The Clerk is DIRECTED to close this action for statistical purposes in light of the consent decree as set out. The court will retain jurisdiction as set out. Signed by Judge Callie V. S. Granade on 11/15/10. (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION STATE OF ALABAMA and the ALABAMA STATE DOCKS DEPARTMENT, n/k/a THE ALABAMA STATE PORT AUTHORITY, Plaintiffs, vs. ALABAMA WOOD TREATING CORPORATION, et al., Defendants. ) ) ) ) ) ) ) ) CIVIL ACTION NO. 85-0642-CG-C ) ) ) ) )

ORDER This matter is before the court on the Plaintiffs' Motion to Dismiss Defendant Alabama Wood Treating Corporation (Doc. 569). Upon due consideration, the motion is hereby GRANTED. Therefore, plaintiffs' claims against Alabama Wood Treating Corporation are here by DISMISSED with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. The clerk of court is DIRECTED to close this action for statistical purposes in light of the consent decree entered on November 4, 2010 (Doc. 567). However, the court retains jurisdiction in accordance with the consent decree, and the parties may request reinstatement if they require the court's intervention. DONE and ORDERED this 15th day of November, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE