Hughes et al v. Mortgage Contracting Services, LLC

Filing 18

ORDER: The parties' Joint Motion for Dismissal of Count I Without Prejudice and for Dismissal of Count II With Prejudice 16 is GRANTED. The dismissal of Count I shall be without prejudice to the United States, and the dismissal of Count II shall be with prejudice. Signed by Judge Virginia M. Hernandez Covington on 4/28/2010. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SHAWN R. HUGHES, v. Plaintiff, Case No. 8:08-cv-1822-T-33EAJ

MORTGAGE CONTRACTING SERVICES, LLC,

Defendant. ________________________________/ ORDER This matter comes before the Court pursuant to the parties' Joint Motion for Dismissal of Count I Without

Prejudice and for Dismissal of Count II With Prejudice (the "Joint Motion" Doc. # 16), which was filed on April 27, 2010. The Government consents to the relief requested in the Joint Motion (Doc. # 17). The parties submit, "Mr. Hughes and MCS have settled all other claims, and the interest of the United States is protected in that dismissal of Count I is without prejudice." (Doc. # 16 at 2). The Court finds it appropriate to dismiss

this case as specified in the Joint Motion. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED: (1) The parties' Joint Motion for Dismissal of Count I Without Prejudice and for Dismissal of Count II With Prejudice (Doc. # 16) is GRANTED.

(2)

The dismissal of Count I shall be without prejudice to the United States, and the dismissal of Count II shall be with prejudice. DONE and ORDERED in Chambers, in Tampa, Florida, this

28th day of April, 2010.

Copies: All Counsel of Record

2