Roters et al v. Ferguson

Filing 35

ORDER denying as moot 28 Third-Party Defendant Land Castle Title, LLC's Motion to Dismiss or Strike Third-Party Complaint. All third-party claims between Third-Party Plaintiff Gerard J. Ferguson and Third-Party Defendants Land Castle Titl e, LLC and Williamson and Sons Marine Construction, Inc. are dismissed without prejudice, with each side to bear their own attorney's fees and costs. Finding no just cause for delay, the Clerk shall enter judgment accordingly and terminate Third-Party Defendants Land Castle Title, LLC and Williamson and Sons Marine Construction, Inc. on the docket.. Signed by Judge Sheri Polster Chappell on 3/7/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOHANNES ROTERS and MECHTHILD
ROTERS,
Plaintiffs/CounterDefendants,
v.

Case No: 2:18-cv-20-FtM-99CM

GERARD J. FERGUSON,
Defendant/Counter-Plaintiff,
Third-Party Plaintiff,
v.
LAND CASTLE TITLE, LLC, and
WILLIAMSON AND SONS
MARINE CONSTRUCTION, INC.,
Third-Party Defendants.
_______________________________ /
ORDER1
This matter comes before the Court on the Joint Stipulation of Voluntary Dismissal
of Third-Party Claims Against Third-Party Defendants, Land Castle Title, LLC and
Williamson and Sons Marine Construction, Inc. (Doc. 28) filed on February 20, 2018. The
parties have stipulated to the dismissal of the third-party claims asserted by Gerard J.

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Ferguson against Land Castle Title, LLC and Williamson and Sons Marine Construction,
Inc. (Doc. 4). The Counterclaims asserted by Ferguson would remain pending.
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action
voluntarily if a stipulation of dismissal is signed by all parties who have appeared. This
dismissal is effective upon filing and requires no further action by the Court. See Anago
Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Here, the parties
stipulate to dismissing the third-party claims without prejudice and with each side to bear
their own attorney’s fees and costs.
Accordingly, it is now
ORDERED:
(1)

All third-party claims between Third-Party Plaintiff Gerard J. Ferguson and

Third-Party Defendants Land Castle Title, LLC and Williamson and Sons Marine
Construction, Inc. are dismissed without prejudice, with each side to bear their own
attorney’s fees and costs. Finding no just cause for delay, the Clerk shall enter judgment
accordingly and terminate Third-Party Defendants Land Castle Title, LLC and Williamson
and Sons Marine Construction, Inc. on the docket.
(2)

Third-Party Defendant Land Castle Title, LLC’s Motion to Dismiss or Strike

Third-Party Complaint (Doc. 28) is DENIED AS MOOT.
DONE and ORDERED in Fort Myers, Florida this 7th day of March, 2018.

Copies: All Parties of Record

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