Bank of America, N.A. v. W.E. Davis & Sons Construction Co., Inc. et al

Filing 39

ORDER GRANTING Plf's 38 Motion to Dismiss Case w/o Prejudice. Plf's claims against Donald Davis are DISMISSED w/o prejudice as set out. Each party shall bear its/his own costs. Signed by Judge Callie V. S. Granade on 4/2/2013. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BANK OF AMERICA, N.A.,
Plaintiff
vs.
W. E. DAVIS & SONS
CONSTRUCTION CO, INC., et al.,
Defendants.

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CIVIL ACTION NO. 11-0290-CG-C

ORDER
This matter is before the court on the plaintiff’s motion to dismiss case
without prejudice (Doc. 38), in which plaintiff represents that its claims against
defendant Donald Davis were disposed of by the United States Bankruptcy Court
for the Southern District of Alabama in its Order Confirming Plan issued as to
Ronald R. Davis in Case No. 12-01168-WSS-13 on January 28, 2013.
Upon due consideration, the motion is hereby GRANTED, and the plaintiff’s
claims against Donald Davis are hereby DISMISSED without prejudice,
pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Each party shall
bear its or his own costs.1
DONE and ORDERED this 2nd day of April, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

1 Defendants

W. E. Davis and Sons Construction Co., Inc. and William Davis were
dismissed without prejudice by order dated June 20, 2011 (Doc. 12).