Samaron Corp v. United of Omaha Life Insurance Company

Filing 56

OPINION AND ORDER DENYING 55 STIPULATION to Dismiss Count II (Conversion) and Count III (Theft) of Third-Party Complaint. Signed by Judge Rudy Lozano on 8/26/2013. (lyb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
SAMARON CORP. d/b/a TROYER,
PRODUCTS

)
)
)
Plaintiff,
)
)
vs.
)
)
UNITED OF OMAHA LIFE
)
INSURANCE COMPANY,
)
)
Defendant.
)
______________________________)
UNITED OF OMAHA LIFE
)
INSURANCE COMPANY,
)
)
Third-Party Plaintiff,
)
)
vs.
)
)
DAVID A. BUCK,
)
)
Third-Party Defendant.
)

No. 3:12-CV-397

OPINION AND ORDER
This

matter

is

before

the

Court

on

the

Stipulation

of

Dismissal Regarding Count II and Count III of United of Ohama
Life

Insurance’s

2013.

Upon

due

Federal

Rule

of

Third

Party

Complaint,

consideration,
Civil

Procedure

the

filed

on

stipulation

41(a)(1)(A)

August
is

provides

26,

DENIED.
that

a

plaintiff can dismiss a case without a court order either before
the

opposing

party

serves

an

answer

or

motion

for

summary

judgment or by filing a stipulation of dismissal signed by all
parties who have appeared.

An answer has been filed and the
1

stipulation filed with this Court is not signed by all parties
who have appeared.

DATED: August 26, 2013

/s/RUDY LOZANO, Judge
United State District Court

2