Grizante v. Auto-Owners Insurance Company et al

Filing 45

Order terminating 44 MOTION to Dismiss Complaint and All Claims with Prejudice filed by Doris Grizante. The Court construes the filing as a Rule 41(a)(1)(A)(ii) Stipulation of Voluntary Dismissal with prejudice. All of the Plaintiff's claims against Defendant Auto-Owners Insurance Company and Defendant Todd Worley, are DISMISSED with prejudice. Nothing herein shall be construed as dismissing any of the Plaintiff's claims against the remaining Defendant Tate Heinz Ellis & Sexton. Signed by Judge Kristi K. DuBose on 8/15/2011. copies to parties. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DORIS GRIZANTE,
Plaintiff,
v.
AUTO-OWNERS INS. CO., et al.,
Defendants.

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CIVIL ACTION NO. 10-00547-KD-N

ORDER
This matter is before the Court on the “Joint Stipulation and Motion for Dismissal With
Prejudice” filed by Plaintiff and Defendant Auto-Owners Insurance Company and Defendant
Todd Worley, requesting dismissal of all of the Plaintiff’s claims against these two (2)
defendants. (Doc. 44). Because the aforementioned parties jointly filed the joint stipulation
and motion for dismissal, which also is signed by said parties, the Court construes the filing as a
Rule 41(a)(1)(A)(ii) Stipulation of Voluntary Dismissal with prejudice.
Accordingly, it is ORDERED that all of the Plaintiff’s claims against Defendant
Auto-Owners Insurance Company and Defendant Todd Worley, are hereby DISMISSED with
prejudice. Each party shall bear his or its own costs.
Nothing herein shall be construed as dismissing any of the Plaintiff’s claims against the
remaining Defendant Tate Heinz Ellis & Sexton.1
DONE and ORDERED this the 15th day of August 2011.
/s/ Kristi K. DuBose
KRISTI K. DUBOSE
UNITED STATES DISTRICT JUDGE

1 Pursuant to the Court’s August 1, 2011 Order on Plaintiff’s motion to dismiss this defendant, any

response in opposition to such motion is due to be filed by August 15, 2011. (Doc. 43). As such, that
motion currently remains pending.