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