Oliver et al v. M/V Barbary Coast et al

Filing 154

ORDER granting Plaintiff T.M. Jemison Construction Co., Inc.'s 151 Motion to Dismiss; granting Plaintiff T.M. Jemison Construction Co., Inc.'s 153 Motion to Dismiss. Signed by Judge Kristi K. DuBose on 11/17/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARC E. OLIVER, d/b/a GULF COAST :
ENVIRONMENTAL AND RECOVERY,
And T.M. JEMISON CONSTRUCTION
:
CO. INC. d/b/a JEMISON MARINE, INC.,
Plaintiffs,
:

CA 11-0223-KD-C

MIDSOUTH BANK, N.A.,
Plaintiff/Counter-Defendant

:

IN ADMIRALTY
In Personam and In Rem

vs.

:

M/V BARBARY COAST, her engines,
tackle, furniture, and appurtenances, etc., :
In Rem, and RODD CAIRNS, an
individual, and ATCHAFALAYA MARINE,:
LLC, In personam,
Defendants/Counter-Plaintiffs/
Third-Party Plaintiffs,
:
vs.

:

EAGLE RIVER TOWING, L.L.C., p/k/a/or
a/k/a EAGLE INLAND TOWING,
:
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA,
:
LOUISIANA LIMESTONE & LOGISTICS,
L.L.C., and CURTIS BUFORD,
Third-Party Defendants.
:
ORDER
This matter is before the Court on Plaintiff T.M. Jemison Construction Co., Inc.,
d/b/a Jemison Marine, Inc.’s Motion to Dismiss With Prejudice, as amended, on the
grounds that its claims “have been resolved in full and final settlement and satisfaction,
with said Plaintiff to bear its own costs[]” and that its motion “was submitted with the
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consent of all parties.” (Docs. 151, 153). In light of Plaintiff’s representation that the
motion is filed with the consent of all parties, there is no longer a need to provide for the
filing of any opposition to said motion and thus, Plaintiff T.M. Jemison Construction Co.,
Inc., d/b/a Jemison Marine, Inc.’s Motion to Dismiss all of its claims with prejudice (as
amended) (Docs. 151, 153) is due to be GRANTED. Accordingly, it is ORDERED that
Plaintiff T.M. Jemison Construction Co., Inc., d/b/a Jemison Marine, Inc.’s claims in this
case are hereby DISMISSED WITH PREJUDICE. Plaintiff to bear its own costs
DONE and ORDERED this the 17th day of November 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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