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)

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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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