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

Filing 242

ORDER granting 241 Motion to Dismiss filed by plaintiff Marc E. Oliver. Signed by Judge Kristi K. DuBose on 6/26/2012. (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
Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC, and filed with
consent of all the parties. (Doc. 241).
As grounds, Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC
asserts that its claims and/or counterclaims against individual Defendant Rodd Cairns, Defendant
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Atchafalaya Marine, LLC and Defendant Midsouth Bank, N.A., have been resolved such that
dismissal with prejudice of same is proper with each party to bear its own costs and attorneys’
fees.

(Id.)
The motion is construed as Rule 41(a)(2) voluntary motion to 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
already served answers.
Upon consideration, it is ORDERED that the “Motion to Dismiss Claims With
Prejudice” filed by Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC
(Doc. 241) is GRANTED such that Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and
Recovery, LLC’s claims and/or counterclaims against individual Defendant Rodd Cairns,
Defendant Atchafalaya Marine, LLC and Defendant Midsouth Bank, N.A., are hereby
DISMISSED with prejudice with each party to bear his or its own costs and attorney’s fees.
DONE and ORDERED this the 26th day of June 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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