Developers Surety and Indemnity Company v. Independent Living Center Building Co., Inc.

Filing 123

ORDER re: 122 Joint Stipulation of Dismissal with Prejudice as Between Renew Maintenance and Construction, Inc. and Independent Living Center Building Co., Inc. This case is DISMISSED W/PREJUDICE w/each party to bear their own attorneys' fees & costs. Pretrial conference scheduled for 10/18/18 & trial scheduled for the November 2018 term are CANCELLED, & the Clerk is directed to close this case. Signed by District Judge Terry F. Moorer on 10/12/18. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
INDEPENDENT LIVING CENTER
BUILDING CO, INC. d/b/a
INDEPENDENT LIVING CENTER OF
MOBILE, an Alabama corporation,
Plaintiff/Counter-Defendant,

:

:

vs.

:

RENEW MAINTENANCE &
CONSTRUCTION, INC.,

:

Defendant/Counter-Plaintiff.

CIVIL ACTION NO 16-430-TM-MU

:
ORDER

This cause is before the Court on the Joint Stipulation of Dismissal with Prejudice as
Between Renew Maintenance and Construction, Inc. and Independent Living Center Building Co.,
Inc. (Doc. 122).1 The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action
without an order of the court “by filing a notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment” or “a stipulation signed by all parties who have
appeared.”

FED. R. CIV. P. 41(a)(1)(A).

The joint stipulation is signed by both sides.

Consequently, by operation of Rule 41, this action has been dismissed in accordance with the joint
notice. Therefore, this case is dismissed with prejudice with each party to bear their own attorneys’
fees and costs.
There being no further claims pending, the pretrial conference scheduled for October 18,
2018 and trial scheduled for the November 2018 term are CANCELLED and the Clerk of the

1

The claims of Developer Surety and Indemnity Company and Independent Living Center
Building Co., Inc. were dismissed on stipulation (Doc. 91) by Order entered on February 9, 2018
(Doc. 103).
Page 1 of 2

Court is DIRECTED to close this case.
DONE and ORDERED this 12th day of October, 2018.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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