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

Filing 204

ORDER granting 203 Motion to Dismiss and Defendants/Third-Party Plaintiffs Atchafalaya Marine, LLCand Rodd Cairns third-party claims against LouisianaLimestone & Logistics, LLC and/or Curtis Buford for breach of contract (Count X) and fraud inthe inducement (Count IX) (Doc. 60 at 18-19), are hereby DISMISSED with prejudice.. Signed by Judge Kristi K. DuBose on 4/4/2012. (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 a “Motion to Dismiss With Prejudice” filed by
Defendants/Third-Party Plaintiffs Atchafalaya Marine, LLC (“Atchafalaya”) and Rodd Cairns
(“Cairns”) (Doc. 203).
At the outset, even though the motion indicates that it is “being filed with the consent of
all parties[]” (Doc. 203 at 2), the motion is construed as a Rule 41(a)(2) voluntary motion to
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dismiss “at the plaintiff’s request only by court order, on terms that the court considers proper[],”
given that the motion is not signed by all parties to this case, is not a joint stipulation, and the
opposing parties have served answers. (Docs. 93, 107).
Presently, Defendants/Third-Party Plaintiffs Atchafalaya and Cairns seek dismissal with
prejudice of their third-party complaint claims against Louisiana Limestone & Logistics, LLC
(“Louisiana Limestone”) and Curtis Buford *(“Buford”). Specifically, Atchafalaya and Cairns
filed a Second Amended Third-Party Complaint asserting, in relevant part, two (2) claims against
Louisiana Limestone for breach of contract (Count X) and against Louisiana Limestone and
Buford for fraud in the inducement (Count IX).

(Doc. 60 at 18-19).

Accordingly, the “Motion

to Dismiss With Prejudice” filed by Defendants/Third-Party Plaintiffs Atchafalaya Marine, LLC
and Rodd Cairns (Doc. 203) is GRANTED such that their third-party claims against Louisiana
Limestone & Logistics, LLC and/or Curtis Buford for breach of contract (Count X) and fraud in
the inducement (Count IX) (Doc. 60 at 18-19), are hereby DISMISSED with prejudice.
DONE and ORDERED this the 4th day of April 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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