HAPAG-LLOYD AG v. Flamingo Food & Beverage, Inc.

Filing 13

ORDER dismissing without prejudice 12 Motion to Dismiss Counterclaim. Signed by Judge William T. Moore, Jr on 9/26/2014. (loh)

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

HAPAG-LLOYD AG,
Plaintiff,
V

CASE NO. CV414-133

.

FLAMINGO FOOD & BEVERAGE, INC.,
Defendant.

)
Co

ORDER
N

Before the Court is Defendant's Motion tJJDisg1siL3fl
Counterclaim

(Doc 12.)

Pursuant to Federal Rule /of

cvi1

Procedure 41(a) (1) (A) (ii), a counter-plaintiff may d 1 smiss.o an
action by filing "a stipulation of dismissal signed by all parties
who have appeared." See also Fed. R. Civ. Pro. 41(c).

However,

the Court's review of the record does not indicate that Defendant
brought any counterclaim against Plaintiff.

In its answer,

Defendant raised the defense of recoupment and seemed to suggest
Plaintiff owed it damages.

(Doc. 9 at 2.)

However, Defendant

never stated that it was raising a counterclaim. In any event,
Defendant's counterclaim, to the extent it raised one, against
Plaintiff is DISMISSED WITHOUT PREJUDICE.
SO ORDERED this

24

day of September 2014.

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