Travelers Casualty & Surety Company of America v. Crystal Towers, LLC et al

Filing 68

Order entered that it is ORDERED that all of the claims and counterclaims between Travelers and the Crystals are hereby DISMISSED with prejudice from the active docket of this Court subject to the right of any party to reinstate the action within thi rty (30) days of the date of this order should the settlement agreement not be consummated. Each party to bear its own costs, fees and expenses according to the parties settlementagreement.Nothing herein shall be construed as dismissing Plaintiff Travelers claims againstDefendant Coastal Builders, Inc. and/or Defendant John Case. Signed by Judge Kristi K. DuBose on 6/16/2010. (mca)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Corp., Plaintiff, ) ) ) ) v. ) ) CRYSTAL TOWERS, LLC, an Alabama ) Limited Liability Company; CRYSTAL ) SHORES WEST, LLC, an Alabama ) Limited Liability Company; COASTAL ) BUILDERS, INC., a Corporation; and ) JOHN CASE, an individual; ) CIVIL ACTION 08-0518-KD-C Defendants, ) _____________________________________________________________________________ CRYSTAL TOWERS, LLC, an Alabama ) Limited Liability Company and CRYSTAL ) SHORES WEST, LLC, an Alabama ) Limited Liability Company, ) Counter-Claimants, ) ) CIVIL ACTION 08-0518-KD-C v. ) ) TRAVELERS CASUALTY AND SURETY ) COMPANY OF AMERICA, a Corp., ) Counter-Defendant. ) ORDER The matter is before the Court on the parties= notification that all of the claims and counterclaims, as between Travelers Casualty and Surety Company of America (ATravelers@) and Crystal Towers, LLC and Crystal Shores West (the ACrystals@), have settled. Accordingly, it is ORDERED that all of the claims and counterclaims between Travelers and the Crystals are hereby DISMISSED with prejudice from the active docket of this Court subject to the right of any party to reinstate the action within thirty (30) days of the date of this order should the settlement agreement not be consummated.

No other order shall be forthcoming from the Court except upon application by either party for final judgment as prescribed by Rule 58, Federal Rules of Civil Procedure. Each party to bear its own costs, fees and expenses according to the parties= settlement agreement. Nothing herein shall be construed as dismissing Plaintiff Travelers' claims against Defendant Coastal Builders, Inc. and/or Defendant John Case. DONE and ORDERED this the 16th day of June 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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