Vision Bank v. 145, LLC et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
145, LLC, et al.,
) CIVIL ACTION NO.: 10-00521-KD-B
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
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