Mid-America Foundation Supply Inc v. Konga Marine Logistics LLC et al

Filing 140

OPINION AND ORDER: GRANTING 138 STIPULATION to Dismiss by Defendants Chuck Hahn, Al Malins Insurance Inc, Cross Defendants Al Malins Insurance Inc, Chuck Hahn, and DISMISSING WITH PREJUDICE Pla's claims against the Defendants, as well as Konga's cross-claims against Al Malins Insurance Inc and Chuck Hahn. Konga's Third Party Complaint against Atlantic and Llloyd's remains pending. Signed by Judge Theresa L Springmann on 1/5/2015. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
MID-AMERICA FOUNDATION SUPPLY )
INC. d/b/a/ POSEIDON BARGE,
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)
Plaintiff,
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v.
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KONGA MARINE LOGISTICS, LLC,
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et al.
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Defendants.
)
)
v.
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)
ABYSS MARITIME, INC., et al.
)
)
Third-Party Defendants.
)

CAUSE NO.: 1:12-CV-328-TLS

OPINION AND ORDER
The Plaintiff, Mid-America Foundation Supply, Inc., filed suit against Konga Marine
Logistics, LLC (“Konga”), Al Malins Insurance Inc., and Chuck Hahn. Konga then filed an
Amended Answer and Third Party Complaint [ECF No. 22] against Third Party Defendants
Abyss Maritime, Inc. (“Abyss”), Atlantic Specialty Insurance (“Atlantic”), and Certain
Underwriters at Lloyd’s London (“Lloyd’s”). Konga’s Amended Answer also contained crossclaims against Al Malins Insurance Inc. and Chuck Hahn. On September 17, 2014, the Court
issued an Opinion and Order [ECF No. 133] granting a request to dismiss the claims in Konga’s
Third Party Complaint against Abyss with prejudice.
This matter is before the Court on a Joint Stipulation of Dismissal [ECF No. 138], filed
on January 2, 2015. The parties stipulate and agree that all claims by the Plaintiff against the

Defendants, as well as Konga’s cross-claims against Al Malins Insurance Inc. and Chuck Hahn,
can be dismissed with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2).
The Court GRANTS the request [ECF No. 138] and DISMISSES WITH PREJUDICE
the Plaintiff’s claims against the Defendants, as well as Konga’s cross-claims against Al Malins
Insurance Inc. and Chuck Hahn. Konga’s Third Party Complaint against Atlantic and Llloyd’s
remains pending.
SO ORDERED on January 5, 2015.

s/ Theresa L. Springmann
THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT

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