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 ^
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