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)
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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