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

Filing 210

ORDER granting 207 Motion to Dismiss Claims with Prejudice filed by Atchafalaya Marine LLC and Rodd Cairns; granting 209 Motion to Dismiss Claims with Prejudice filed by Midsouth Bank. Signed by Judge Kristi K. DuBose on 4/11/2012. (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 Claims With Prejudice” filed by
Defendants/Third-Party Plaintiffs Atchafalaya Marine, LLC (“Atchafalaya”) and Rodd Cairns
(“Cairns”) (Doc. 207), and a “Motion to Dismiss Claims With Prejudice” filed by Intervenor
Plaintiff Midsouth Bank, N.A. (Doc. 209). As grounds, the parties explain that they have
resolved all of their respective claims and counterclaims against each other such that dismissal
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with prejudice of same is proper, and further request that each party bear its own costs and
attorneys’ fees.

(Id.)

The motions are construed as Rule 41(a)(2) voluntary motions to dismiss “at the
plaintiff’s request only by court order, on terms that the court considers proper[],” given that the
motions are not signed by all parties to this case, are not joint stipulations, and the opposing
parties have served answers.

Upon consideration, it is ORDERED that:

1) the “Motion to Dismiss Claims With Prejudice” filed by Atchafalaya Marine,
LLC and Rodd Cairns (Doc. 207) is GRANTED such that Atchafalaya and
Cairns’ counterclaims against Midsouth Bank, N.A. (as contained in Doc. 21) are
DISMISSED with prejudice.
2) the “Motion to Dismiss Claims With Prejudice” filed by Midsouth Bank, N.A.
(Doc. 209) is GRANTED such that Midsouth Bank’s claims against Atchafalaya
and Cairns (as contained in Docs. 5 and 64) are DISMISSED with prejudice.
3) With regard to the foregoing, each party shall bear its own costs and
attorneys’ fees.
This Order of dismissal shall have no effect upon these parties’ claims, counterclaims and/or
crossclaims against any other parties in this action.
DONE and ORDERED this the 11th day of April 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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