ANZ USA, LLC et al v. Bush Hog, LLC et al

Filing 178

ORDER ADOPTING 176 REPORT AND RECOMMENDATION that the claims asserted in this case by both ANZ International and ANZ USA be DISMISSED with prejudice pursuant to Fed.R.Civ.P. 37(b)(2)(A). The counterclaim filed by defendants shall remain pending. If it is defendants' intent not to proceed on the counterclaim, they should file the appropriate pleading by 3/14/2011 to dismiss the counterclaim. Signed by Judge Kristi K. DuBose on 3/3/2011. (cmj)

SOUTHERN

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA DIVISION

ANZ ADVANCED TECHNOLOGIES, LLC ) d/b/a ANZ USA, LLC, et al., ) ) Plaintiffs, ) ) v. ) ) BUSH HOG, LLC, et al., ) ) Defendant. ) ORDER

CIVIL ACTION NO. 09-00228-KD-N

After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge, made under 28 U.S.C. ' 636(b)(1)(B), that the claims asserted in this case by both ANZ International and ANZ USA be dismissed with prejudice pursuant to Fed. R. Civ. P. 37(b)(2)(A), is ADOPTED as the opinion of this Court with the following addition to the Conclusion: It is further ORDERED that the counterclaim filed by defendants shall remain pending before this Court.1 DONE this 3rd day of March, 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

If it is defendants' intent not to proceed on the counterclaim, they should file the appropriate pleading by March 14, 2011 to dismiss the counterclaim.

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