State Farm Fire & Casualty Company v. Fisher & Paykel Appliances Inc

Filing 32

OPINION: Therefore, Plaintiff's claims against Defendant are DISMISSEDWITH PREJUDICE and the Third Party Plaintiff's claims against theThird Party Defendant are DISMISSED WITH PREJUDICE. Eachparty shall bear its own costs and attorney's fees. The pending Motionsto Dismiss (d/e 27 and 28) are DENIED AS MOOT. Entered by Judge Sue E. Myerscough on 8/9/2011. (CT, ilcd)

E-FILED

Tuesday, 09 August, 2011 09:17:05 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
STATE FARM FIRE & CASUALTY
)
COMPANY, as Subrogee of Marc and )
Lisa Bain,
)
)
Plaintiff,
)
)
v.
)
)
FISHER & PAYKEL APPLIANCES,
)
INC.,
)
)
Defendant.
)
FISHER & PAYKEL APPLIANCES,
)
INC.,
)
)
Third Party Plaintiff,
)
)
v.
)
EMERSON ELECTRIC CO., d/b/a
)
White Rodgers,
)
)
Third Party Defendant.
)

10-3171

OPINION
The parties have signed and submitted Stipulations of Dismissal
(d/e 30-1 and 31-1). In the Stipulations, the parties agree to the
dismissal of Plaintiff’s claims against Defendant with prejudice and
without costs to either party. The parties also agree to the dismissal of

the Third Party Plaintiff’s claims against the Third Party Defendant, with
prejudice and without costs to either party.
Therefore, Plaintiff’s claims against Defendant are DISMISSED
WITH PREJUDICE and the Third Party Plaintiff’s claims against the
Third Party Defendant are DISMISSED WITH PREJUDICE. Each
party shall bear its own costs and attorney’s fees. The pending Motions
to Dismiss (d/e 27 and 28) are DENIED AS MOOT.
SO ORDERED. CASE CLOSED.
ENTER: August 8, 2011.
FOR THE COURT:

s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE