Vision Bank v. 145, LLC et al

Filing 174

Order re: 171 Stipulation of Dismissal filed by Vision Bank. Plaintiff Vision Banks claims against Defendant Cynthia Kesslerare DISMISSED without prejudice and Defendant Cynthia Kesslers counterclaims against PlaintiffVision Bank is DISMISSED with prejudice, and without further order of the Court.. Signed by Judge Kristi K. DuBose on 11/28/2011. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION VISION BANK, Plaintiff, vs. 145, LLC, et al., Defendants. ) ) ) ) CIVIL ACTION NO.: 10-00521-KD-B ) ) ) ORDER This matter is before the Court on all of the parties’ “Joint Stipulation of Pro Tanto Dismissal of Claims by and between Vision Bank and Cynthia Kessler” (Doc. 171). Specifically, the parties stipulate to the dismissal of all of Plaintiff’s claims against Defendant Kessler without prejudice, and the dismissal of Defendant Kessler’s counterclaims against the Plaintiff with prejudice. (Id.) Based on the parties’ representations and because the Stipulation is signed by all of the parties who have appeared in this case, the Court construes the Joint Stipulation as one filed pursuant to Rule 41(a)(1)(A)(ii). Accordingly, it is ORDERED that Plaintiff Vision Bank’s claims against Defendant Cynthia Kessler are DISMISSED without prejudice and Defendant Cynthia Kessler’s counterclaims against Plaintiff Vision Bank is DISMISSED with prejudice, and without further order of the Court. Each party shall bear her or its own costs. DONE and ORDERED this the 28th day of November 2011. /s/ Kristi K. DuBose KRISTI K. DUBOSE UNITED STATES DISTRICT JUDGE 1

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