Nationwide Agribusiness Insurance Company v. SMA Elevator Construction Inc

Filing 88

ORDER granting 86 Motion to Dismiss Defendant S-M Enterprises, Inc. All of plaintiff's claims against defendant S-M Enterprises, Inc., are dismissed without prejudice and without costs or disbursements to either party. Signed by Judge Mark W Bennett on 03/12/2010. (src)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, Plaintiff, vs. SMA ELEVATOR CONSTRUCTION INC., et al., Defendants. ____________________ This case is before the court on the motion of defendant S-M Enterprises, Inc., for dismissal without prejudice, and without costs or disbursements to either party, of all claims of the plaintiff against defendant S-M Enterprises, Inc., pursuant to a stipulation signed by counsel for the plaintiff and for defendant S-M Enterprises, Inc. The court finds good cause for voluntary dismissal without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. THEREFORE, all of plaintiff's claims against defendant S-M Enterprises, Inc., are dismissed without prejudice and without costs or disbursements to either party. IT IS SO ORDERED. DATED this 12th day of March, 2010. No. C 09-4002-MWB ORDER DISMISSING DEFENDANT S-M ENTERPRISES, INC., WITHOUT PREJUDICE

__________________________________ MARK W. BENNETT U. S. DISTRICT COURT JUDGE NORTHERN DISTRICT OF IOWA