Summer Resources, LLC v. Merchants Holding Company, LLC et al
Filing
141
ORDER OF DISMISSAL re Motion to Dismiss 140 , Stipulation of Dismissal by all parties pursuant to F.R.C.P. 41. All parties to bear their own costs and attorney's fees except as may be otherwise agreed between or among themselves. ***Civil Case and all motions are Terminated. Signed by Honorable Robert T. Dawson on January 9, 2012. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CHARLES E. STILL, MEMBER
SUMMER RESOURCES,L.L.C.
V.
PI-AINTIFF
RTD
NO.2:10-CV-02074
DEFENDANTS
MERCHANTS HOLDING COMPA}IY, L.L.C.;
FORT SMITH PAVILION, L.L.C.;
KIEWIT SOUTHERN COMPAITIY;
and FT. SMITH STATION, LLC
THIRD-PARTY PLAINTIFF
KIEWIT SOUTHERN COMPAtrIY
v.
BLAKE CONSTRUCTION COMPAI\TY,INC.
MERCHANTS HOLDING
THIRD-PARTY DEFENDANT
THI RD-PARTY PI-AINTIFF
COMPANY, L.L.C.
v.
CONSTRUCTION & PROPERTY
CONSULTANTS, INC.
THIRD-PARTY DEFENDANT
CROSS CIAIMANT
FORT SMITH PAVILION, L.L.C.
V.
CROSSDEFENDANTS
and
KIEWIT SOUTHERN COMPAITtrY
CO., INC.
BI-AKE CONSTRUCTION
THI RD.PARTY PI-AINTIFF
FORT SMITH PAVILION, L.L.C.
v.
ROVANN LLC, MORRISON.SHIPLEY
ENGINEERS, INC. and
TERRACON CONSULTANTS, INC.
T HIRD.PARTY DEFENDANT S
ORDER OF DISMISSAL
On this date therc comes on for considetation the joint motion of all parties fot dismissal of
this action pursuaflt to F.R.C.P. 41 and agteed stipulations. The Court finds as follows:
1.
All paties to this action have enteted into an agreed stipulation fot dismissal'
2.
L.L.L.,
All claims assertedby plaintiff Charlcs E. Still Member of Summet Resoutces,
should be dismissedwith prejudice.
3.
Company, L.L.C., against
The third parry complaint of Merchants Holding
Construction & Property Consultants, Inc., should be dismissedwithout prejudice'
4.
With the exception of the Mcrchants Flolding Company, L.L.C., third party complaint
against Construction & Property Consultants, Inc., all othet claims, ctoss claims, countetclaims, and
thitd paty complaints should be dismissed with ptejudice'
5.
The parties ioint motion to dismiss should be gtanted'
6.
That all parties shallbear their own costsand attomey's feesexcept asmay bc otherwise
agteedbetween or among themselvcs.
IT IS SO ORDERED.
RABLE ROBERT DAWSON
COURT
--US DISTRICT
:IITESTERN AR
AS
DIST
FILED
JAi{0 $ 2fl12
CHRIS JOHNSOII,
R.
Cle,rkl
4
Ity
DeputyClerk
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