Coastal Logistics, Inc. v. AIM Steel International, Inc.

Filing 44

ORDER granting 42 Motion to Dismiss; terminating 32 Motion for Default Judgment. The Court directs the Clerk of Court to lift the stay of the case and to dismiss the action without prejudice. Signed by District Judge R. Stan Baker on 1/27/21. (wwp)

Case 4:15-cv-00177-RSB-BKE Document 44 Filed 01/27/21 Page 1 of 2

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

COASTAL LOGISTICS, INC.,
Plaintiff,

CIVIL ACTION NO.: 4:15-cv-177

v.
AIM STEEL INTERNATIONAL, INC.,
Defendant.
ORDER
Plaintiff Coastal Logistics, Inc. (“Coastal Logistics”) filed this action against Defendant
AIM Steel International, Inc. (“AIM”). (Doc. 1.) While AIM initially filed an Answer, (see doc.
6), its Answer was later stricken, (doc. 30), and the Clerk subsequently entered AIM into default,
(doc. 31). Shortly thereafter, the Court learned that AIM had filed a voluntary petition in the
United States Bankruptcy Court for the Northern District of Georgia and the Court stayed this case
pursuant to 11 U.S.C. § 362. (Doc. 33.) After learning that the bankruptcy proceeding has
concluded, the Court recently ordered Coastal Logistics to advise the Court of the status of this
case. (Doc. 41.) In response, Coastal Logistics filed a Motion to Dismiss Without Prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(2), which is presently pending before the Court.
(Doc. 42.)
In its Motion to Dismiss Without Prejudice, Coastal Logistics “notes its understanding that
[AIM] has no liability insurance or other assets by which a judgment could be satisfied.” (Doc.
42, p. 1.) Accordingly, it “has concluded that further litigation of this matter would constitute a
waste of judicial resources.” (Id.) AIM—which is presently unrepresented by counsel, despite
the Court’s repeated directive that it obtain counsel, (see docs. 27, 29, 30)—has not filed any sort
of response to the Motion to Dismiss; as a result, it has neither objected to nor requested that any
special terms be placed upon the dismissal. The Court also notes that no counterclaims or crossclaims are pending.

Case 4:15-cv-00177-RSB-BKE Document 44 Filed 01/27/21 Page 2 of 2

Accordingly, the Court DIRECTS the Clerk of Court to LIFT the stay of this case. The
Court GRANTS Plaintiff’s Motion to Dismiss, (doc. 42), DISMISSES the action WITHOUT
PREJUDICE, and DIRECTS the Clerk to TERMINATE all other pending motions, (doc. 32),
and CLOSE the case.
SO ORDERED, this 27th day of January, 2021.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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