Nautilus Insurance Company v. Johnson et al

Filing 98

ORDER granting 97 Joint Motion to Dismiss. Plaintiffs claims against Steve Johnson, Desiree Kolbek, Amy Eddy, Jeanette Orlando, Nicole Farr, Summer Hagan, Jamie Rodriguez, Pebbles Rodriguez, Seth Calagna, and Spencer Ondirsek are Dismissed With Prejudice. Calagna and Ondrisek's counterclaims against Plaintiffs are Dismissed With Prejudice. Signed by Honorable Susan O. Hickey on November 25, 2013. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION NAUTILUS INSURANCE COMPANY VS. PLAINTIFF CASE NO. 4:11-CV-4054 STEVEN JOHNSON, SHARON ALAMO, SALLY DEMOULIN, THOMAS SCARCELLO, STEVE LOVELETTE, DONN WOLFE, JENNIFER KOLBEK, JEANNE ESTATES APARTMENTS, INC., ADVANTAGE FOODS GROUP, ACTION DISTRIBUTORS, INC., TONY ALAMO a/k/a BERNARD HOFFMAN DEFENDANT-INSUREDS and DESIREE KOLBEK, AMY EDDY, JEANETTE ORLANDO, NICOLE FARR, SUMMER HAGAN, JAMIE RODRIGUEZ, PEBBLES RODRIGUEZ a/k/a YVONNE RODRIGUEZ, SPENCER ONDIRSEK, SETH CALAGNA, CHRISTHIAON COIE DEFENDANT-CLAIMANTS ORDER Before the Court is a Joint Motion to Dismiss filed on behalf of Plaintiff Nautilus Inusrance Company and Certain Defendants. (ECF No. 97). Pursuant to Federal Rule of Civil Procedure 41, Plaintiff seeks to dismiss its claims against Separate Defendants Steve Johnson, Desiree Kolbek, Amy Eddy, Jeanette Orlando, Nicole Farr, Summer Hagan, Jamie Rodriguez, Pebbles Rodriguez, Seth Calagna, and Spencer Ondrisek. Separate Defendants Calagna and Ondrisek also seek to dismiss their counterclaims against Plaintiff. No objection to the dismissal has been filed by any party in this action. The Court finds this matter ripe for consideration. Upon consideration, the Court finds that good cause for the dismissals has been shown. Accordingly, the motion (ECF No. 97) should be and hereby is GRANTED. Pursuant to Federal Rule of Civil Procedure 41, Plaintiff’s claims against Steve Johnson, Desiree Kolbek, Amy Eddy, Jeanette Orlando, Nicole Farr, Summer Hagan, Jamie Rodriguez, Pebbles Rodriguez, Seth Calagna, and Spencer Ondrisek are DISMISSED WITH PREJUDICE. Calagna and Ondrisek’s counterclaims against Plaintiffs are DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 25th day of November, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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