Gambler Well Services, Inc. v. OneBeacon Insurance Company et al

Filing 57

ORDER granting 56 Motion to Dismiss separate party defendant, Atlantic Specialty Insurance Company, with prejudice. Signed by Honorable Susan O. Hickey on April 21, 2016. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION GAMBLER WELL SERVICES, INC. v. PLAINTIFF Case No. 1:14-cv-01068 ATLANTIC SPECIALTY INSURANCE COMPANY DEFENDANTS ATLANTIC SPECIALTY INSURANCE COMPANY THIRD-PARTY PLAINTIFF v. WHECO CORPORATION THIRD-PARTY DEFENDANT ATLANTIC SPECIALTY INSURANCE COMPANY THIRD-PARTY PLAINTIFF v. ENGLE MARTIN & ASSOCIATES, INC. THIRD-PARTY DEFENDANT ORDER Before the Court is the Motion to Dismiss Claims Against Defendant Atlantic Specialty Insurance Company With Prejudice filed by Plaintiff Gambler Well Services, Inc. and Defendant Atlantic Specialty Insurance Company (“ASIC”). (ECF No. 56). Gambler has fully resolved all claims in this action against ASIC, and the parties request that those claims be dismissed with prejudice. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), an action may be dismissed by a stipulation of dismissal signed by all parties. Accordingly, all of Plaintiff Gambler’s claims against Defendant ASIC are hereby DISMISSED WITH PREJUDICE subject to the terms of the settlement agreement. If any party desires that the terms of settlement be a part of the record, those terms should be reduced to writing and filed with the court within thirty (30) days of the entry of this Order. The court retains jurisdiction to vacate this Order and to reopen this action upon cause shown that the settlement has not been completed and further litigation is necessary. ASIC’s third party claims against Wheco Corporation and Engle Martin & Associates, Inc. remain pending before the Court. IT IS SO ORDERED, this 21st day of April, 2016. /s/ Susan O. Hickey Susan O. Hickey United States District Judge 2

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