Byler v. Alaskan Leader

Filing 219

MJ ROBERTS REPORT AND RECOMMENDATION re Stipulation 218 for Dismissal. MJ recommends dismissal be entered and all pending motions be denied as moot. RR filed as a final, no objection to follow. Matter to be forwarded to the assigned district judge for his determination. (JAM, Chambers Staff)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

ESTATE OF JERRY L. BYLER,
Plaintiff,
vs.
Case No. 3:10-cv-00055-HRH-JDR
ALASKAN LEADER, Official No.
558697, its Engines, Machinery,
Appurtenances, etc., In Rem,

RECOMMENDATION REGARDING
STIPULATION FOR DISMISSAL
WITH PREJUDICE

Defendant,
Docket 218
CITY AND BOROUGH OF
YAKUTAT,
Intervenor.

The Plaintiff filed two Status Reports with the court indicating the
parties’ intent to settle this matter. Dockets 215 & 217. The Plaintiff now indicates
that the City and Borough of Yakutat has released the mortgage it holds on one of

the vessels (in order to satisfy two judgements against the F/V Alaskan Leader).1
Counsel for the Plaintiff has received the necessary funds to resolve the matter. The
Plaintiff filed a Stipulation for Dismissal With Prejudice at Docket 218. Therein, the
Plaintiff states that the parties have stipulated to dismissal with prejudice pursuant
to settlement and without fees or costs to any party.
The magistrate judge hereby recommends that the Stipulation for
Dismissal With Prejudice be GRANTED, the case be DISMISSED and that any
pending motions be DENIED AS MOOT.2
In the interest of justice and in order to expedite the business of the
court, this Recommendation is filed as a Final Recommendation with no objections
to follow.

DATED this 18th

day of October, 2011, at Anchorage, Alaska.
/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge

1

See Plaintiff’s Updated Status Report, Docket 217.

2

The Intevenor, CBY, filed a Motion for Summary Judgment at Docket 196.

10-cv-055-HRH-JDR BYLER @ 218 RR Re Stipulation for Dismissal with Prejudice_mtd.wpd

2