Ameris Bank v. Lexington Insurance Company

Filing 41

ORDER APPROVING re 40 Stipulation of Dismissal filed by Lexington Insurance Company, Coastal Biofuels, Inc., Mark D Lofton dismissing claims against Third-Party Defendant Lofton are DISMISSED WITHOUT PREJUDICE. Signed by Judge William T. Moore, Jr on 1/12/2015. (loh) Modified on 1/12/2015 (loh).

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

ANERIS BANK, as assignee of the
Federal Deposit Insurance
Corporation, receiver of Darby
Bank & Trust Co.,
Plaintiff,
CASE NO. CV413-241

V.

LEXINGTON INSURANCE CO.,
Defendant and Third-Party
Plaintiff,

C-

V.

COASTAL BIOFUELS, INC. and MARK
D. LOFTON,

r'

Third-Party Defendants.

ORDER

Before the Court is the parties' Stipulation of Dismissal
Without Prejudice as to Third-Party Defendant Mark D. Lofton. (Doc.
40.) Pursuant to Federal Rule of Civil Procedure 41(a) (1) (A) (ii), a
plaintiff may dismiss an action by filing "a stipulation of
dismissal signed by all parties who have appeared." As requested,
Third-Party Plaintiff Lexington Insurance Co.'s claims against
Third-Party Defendant Lofton are DISMISSED WITHOUT PREJUDICE.
SO ORDERED this /Z-:!V-day of January 2015.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA