Farmers Insurance Exchange v. Tomlinson & Sons, Incorporated et al

Filing 45

ORDER re 39 Stipulation of Dismissal filed by Tomlinson & Sons, Incorporated, Farmers Insurance Exchange. Plaintiff's claims against defendant Tomlinson & Sons, Incorporated are hereby dismissed in their entirety, with prejudice and without costs to any party.(Written Opinion). Signed by Judge John R. Tunheim on February 25, 2010. (HAM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _______________________________________________________________________ FARMERS INSURANCE EXCHANGE, Plaintiff, v. ORDER FOR DISMISSAL TOMLINSON & SONS, INCORPORATED AND ROBERT GIBB & SONS, INC., Defendants. _______________________________________________________________________ Edward Ordonez and John Flaherty, COZEN O'CONNOR, 222 South Riverside Plaza, Suite 1500, Chicago, IL 60606; Thomas Gilligan, Jr., MURNANE BRANDT, PA, 30 East Seventh Street, Suite 3200, St. Paul, MN 55101, for plaintiff. Randall Bakke, SMITH BAKKE PORSBORG & SCHWEIGERT, Post Office Box 460, Bismark, ND 58502, for Defendant Tomlinson & Sons, Incorporated. Corey Quinton, Paul Oppegard, and Troy Wolf, OPPEGARD, WOLF & QUINTON, Post Office Box 657, Moorhead, MN 56561, for Defendant, Robert Gibb & Sons, Inc. This matter is before the Court upon the stipulation of dismissal with prejudice filed by Plaintiff Farmers Insurance Exchange and Defendant Tomlinson & Sons, Incorporated on February 23, 2010 [Docket No. 39]. IT IS HEREBY ORDERED THAT: 1. Plaintiff's claims against defendant Tomlinson & Sons, Incorporated are Civil No. 09-0329 (JRT/RLE)

hereby dismissed in their entirety, with prejudice and without costs to any party. 2. This Order is not a dismissal of plaintiff's claims against defendant Robert

Gibb & Sons, Inc.

3.

Judgment may be entered accordingly.

DATED: February 25, 2010 at Minneapolis, Minnesota.

s/ John R. Tunheim JOHN R. TUNHEIM United States District Judge