Thomas v. Vista A&S 2006-1 LLC et al

Filing 141

MEMORANDUM AND ORDER - Pursuant to the Stipulation for Dismissal With Prejudice 140 , all of plaintiff J. Christopher Thomas' claims in this action are dismissed with prejudice, with each party to bear its or their own costs. This order does n ot affect the third-party claims filed by defendants Vista A&S 2006-1 LLC, Vista Oil & Gas, Inc., David M. Nicklas, and Clark R. Nicklas against John M. Capito, Jr., or Mr. Capitos counterclaims against such defendants, and such claims and countercla ims shall remain pending. The motion for summary judgment filed by plaintiff J. Christopher Thomas 132 is denied as moot. Judgment shall be withheld pending final determination of all remaining claims in this case. Ordered by Judge Richard G. Kopf. (JAE)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
J. CHRISTOPHER THOMAS,
Individually and as Trustee of
U/A/W J. Christopher, Settlor,
Plaintiff,
v.
VISTA A&S 2006-1 LLC, a
Nebraska limited liability company,
et al.,
Defendants/Third-Party
Plaintiffs,
v.
JOHN M. CAPITO, JR.,
Third-Party Defendant.

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4:09CV3143

MEMORANDUM
AND ORDER

Pursuant to the parties’ Stipulation of Dismissal With Prejudice (filing 140)
and Fed. R. Civ. P. 41,
IT IS ORDERED:
1.
All of plaintiff J. Christopher Thomas’ claims in this action are
dismissed with prejudice, with each party to bear its or their own costs;
2.
This order does not affect the third-party claims filed by defendants Vista
A&S 2006-1 LLC, Vista Oil & Gas, Inc., David M. Nicklas, and Clark R. Nicklas
against John M. Capito, Jr., or Mr. Capito’s counterclaims against such defendants,

and such claims and counterclaims shall remain pending;
3.
The motion for summary judgment filed by plaintiff J. Christopher
Thomas (filing 132) is denied as moot; and
4.
Judgment shall be withheld pending final determination of all remaining
claims in this case.
DATED this 29th day of June, 2011.
BY THE COURT:
s/ Richard G. Kopf
United States District Judge

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