Delaney Development, Inc. et al v. Essex Insurance Company

Filing 30

Order re: 29 Stipulation of Dismissal filed re: Landmark American Insurance Company and Westchester Surplus Lines Insurance Company. These defendants are dismissed with prejudice.. Signed by Judge Kristi K. DuBose on 11/18/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DELANEY’S DEVELOPMENT, INC.,
et al.,
Plaintiffs,
v.
WESTCHESTER SURPLUS LINES
INSURANCE COMPANY, INC., et al.,
Defendants.

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CIVIL ACTION NO.: 11-00277-KD-B

ORDER
This matter is before the Court on the parties’ joint “Stipulation of [Voluntary]
Dismissal” with prejudice of the Plaintiffs’ case against Defendant Westchester Surplus Lines
Insurance Company and Defendant Landmark American Insurance Company.

(Doc. 29).

Because the parties jointly filed a Stipulation of Voluntary Dismissal, which is signed by all
parties, the Court construes the dismissal as one filed pursuant to Rule 41(a)(1)(A)(ii).
Accordingly, it is ORDERED that this action is DISMISSED with prejudice as to Defendant
Westchester Surplus Lines Insurance Company and Defendant Landmark American Insurance
Company.
Nothing in this Order shall be construed as dismissing the Plaintiffs’ claims against the
remaining Defendant Essex Insurance Company.
DONE and ORDERED this the 18th day of November 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE