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)

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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

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