National Trust Insurance Company v. Magnolia Enterprises, Inc. et al

Filing 79

ORDER denying 76 Motion for Order/Judgment as set out. Signed by Judge Kristi K. DuBose on 10/16/2012. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
NATIONAL TRUST INSURANCE CO.,
Plaintiff,
v.
MAGNOLIA ENTERPRISES, INC., et al.,
Defendants.

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CIVIL ACTION NO. 10-00710-KD-C

ORDER
This matter is before the Court on the Application for Final Judgment (Doc. 76) filed by the
Defendant City of Mobile pursuant to Rule 58 of the Federal Rules of Civil Procedure, requesting
that the Court enter a final judgment dismissing this action with prejudice.

Plaintiff National Trust

Insurance Co. has timely filed an objection (Doc. 78) to said application, in which it opposes the
dismissal of this case with prejudice and states that it intends to move that this case be dismissed
without prejudice once the settlement of the state lawsuit underlying this declaratory judgment action
is finalized.
The Court already dismissed this action without prejudice on September 14, 2012, subject
to the right of any party to reinstate the action within sixty (60) days.

(Doc. 75).

Therefore,

pursuant to this Order of dismissal, the Court may only enter a final judgment dismissing this action
without prejudice.

The Court can now only enter a judgment of dismissal with prejudice if either

1) all parties agree to the entry of such a judgment or 2) this action is first reinstated, thus voiding the
previous Order dismissing this action without prejudice.

Therefore, Defendant City of Mobile’s

Application for Final Judgment (Doc. 76) is hereby DENIED.
DONE and ORDERED this the 16th day of October 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE