Gold Cross EMS, Inc. v. The Children's Hospital of Alabama

Filing 92

ORDER DISMISSING CASE that, subsequent to the filing of the parties' 91 Stipulation of Dismissal with Prejudice, the Court dismisses with prejudice all claims remaining in this matter. The Clerk is directed to close this case. Each party shall bear its own costs and fees. Signed by Judge J. Randal Hall on 09/24/2015. (jah)

IN THE UNITED

STATES DISTRICT

COURT

FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

*

GOLD CROSS EMS,

INC.,
*

*

Plaintiff,

*

v.

*
*

THE CHILDREN'S HOSPITAL OF

*

ALABAMA,

*

CV 113-081

*

Defendant,

ORDER

Presently

before

the

Dismissal with Prejudice.

Court

is

(Doc. 91).

the

parties'

Stipulation

of

The parties seek to dismiss the

remaining claims in this case with prejudice. For clarity's sake, the

Court briefly recounts the status of all claims once asserted in this
case.

Plaintiff's
Defendant.

The

Amended
first

was

Complaint
a

asserted

claim for

two

contribution,

dismissed with prejudice by summary judgment.
Doc. 25 at 6; Order, Doc. 61).

of

a

joint

defense

September 21, 2015.

In

its

which

against
the

Court

(Amended Complaint,

The second alleged Defendant's breach

agreement,

which

was

scheduled

for

trial

on

(Doc. 25 at 7).

Amended

against Plaintiff.

claims

Answer,

(Answer,

Defendant

Doc.

asserted

4 at 8-12) .

two

counterclaims

The first was

for

attorney's fees and expenses associated with defending a related state
court case.

(Id.

at 10).

The second alleged that certain medical

expenses incurred by Defendant resulted from Plaintiff's employees'

negligent actions.

(IcL at 11).

Both of Defendant's counterclaims
1

were scheduled for trial on September 21,

trial

conference

counterclaim

on

for

September

medical

16th,

2013.

However,

Defendant

expenses.

at the pre

abandoned

Defendant's

its

second

counterclaim

for

attorney's fees and expenses remained set for trial.
In

sum,

Plaintiff's

on

the

claim

eve

for

of

trial

breach

two

of

a

claims

remained

in

this

case:

joint

defense

agreement

and

Defendant's claim for attorney's fees and expenses.

On the morning of

trial,

the

September

21,

2015,

the

parties

stated

on

record

their

intention to dismiss each of their remaining claims with prejudice and
forgo

the

trial.

Accordingly,

the

parties'

Stipulation

reflects

Plaintiff's request to dismiss with prejudice its claim for the breach

of a joint defense agreement,
prejudice

its

counterclaim

(Stipulation of Dismissal,

Therefore,

and Defendant's request to dismiss with

the

Doc.

Court

remaining in this matter.

for

attorney's

fees

and

expenses.

91) .

DISMISSES

WITH

PREJUDICE

all

claims

The clerk is DIRECTED to CLOSE this case.

Each party shall bear its own costs and fees.

ORDER ENTERED at Augusta, Georgia, this ^<r7^^aay of September,
2015.

HOKQBAASE J. RANDALfHALL
UNITEDr STATES

DISTRICT

SOUTHERN DISTRICT

JUDGE

OF GEORGIA