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

Filing 37

Order re: 36 Stipulation of Dismissal filed by Essex Insurance Company. It is ordered that the Plaintiffs' claims against Defendant Essex Insurance for breach of duty of good faith and fair dealing, negligence and bad faith adjusting are DISMISSED with prejudice; each party to bear its own costs and fees as stipulated. Signed by Judge Kristi K. DuBose on 2/8/12. (cmj)

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

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

ORDER
This matter is before the Court on the parties’ Rule 41(a)(1)(A)(ii)1 joint “Stipulation of
[Voluntary] Dismissal of Certain Claims” against Defendant Essex Insurance Company. (Doc. 36).
Plaintiffs’ stipulate that their claims against Defendant Essex for breach of duty of good faith and fair
dealing, negligence and bad faith adjusting, are due to be dismissed with prejudice, with each party to
bear its own costs and attorney’s fees accrued to date. (Id.) The parties specify that “[t]he only
remaining claim in this matter is Plaintiffs’ claim for breach of contract[]” against Defendant Essex.
(Id.) Accordingly, it is ORDERED that the Plaintiffs’ claims against Defendant Essex Insurance
Company for breach of duty of good faith and fair dealing, negligence and bad faith adjusting are
DISMISSED with prejudice; each party shall bear its own costs and fees as stipulated.
Nothing in this Order shall be construed as dismissing Plaintiffs’ claim for breach of contract
against Defendant Essex Insurance Company.
DONE and ORDERED this the 8th day of February 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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The relevant parties jointly filed the Stipulation as to the designated claims, which is signed by
counsel for said parties.