Kozlov v. Associated Wholesale Grocers, Inc. et al

Filing 477

MEMORANDUM AND ORDER - The Joint Motion (Filing No. 448 in Case No. 4:10-cv-3211; Filing No. 464 in Case No. 8:10-cv-3191; Filing No. 449 in Case No. 4:10-cv- 3212) is granted. Pamela Scott, Personal Representative of the Estate of Michael E. Scott, is dismissed without prejudice from the above-captioned actions. Member Cases: 4:10-cv-03211-LSC-FG3, 4:10-cv-03212-LSC-FG3, 8:10-cv-03191-LSC-FG3. Ordered by Chief Judge Laurie Smith Camp. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
IGOR KOZLOV,

MEMORANDUM
AND ORDER
Plaintiff,

vs.

CASE NO. 4:10CV3211

ASSOCIATED WHOLESALE GROCERS, INC.,
A Kansas Corporation; and PAMELA SCOTT,
Personal Representative of the Estate of
Michael E. Scott, Deceased;

LEAD CASE

Defendants.
IGOR
ANDREI TCHIKOBAVA,
Plaintiff,

CASE NO. 4: 10CV3212
MEMBER CASE

vs.
ASSOCIATED WHOLESALE GROCERS, INC.,
A Kansas Corporation; PAMELA SCOTT,
Personal Representative of the Estate of
Michael E. Scott, Deceased; and ALBATROSS
EXPRESS, LLC;
Defendants.
PAMELA SCOTT, Personal Representative of
the Estate of Michael E. Scott, Deceased,
Plaintiff,

CASE NO. 8: 10CV3191
MEMBER CASE

vs.
IGOR KOZLOV, ALBATROSS EXPRESS, LLC,
and UNICK, LLC;
Defendants.

This matter is before the Court on the Joint Motion for Leave to Dismiss the
Estate of [sic] Pamela Scott, Personal Representative of Estate of Michael Scott (“Joint
Motion”) (Filing No. 448 in Case No. 4:10-cv-3211; Filing No. 464 in Case No. 8:10-cv-

3191; Filing No. 449 in Case No. 4:10-cv-3212) filed by Igor Kozlov, Andrei Tchikobava,
and Albatross Express, LLC.
The moving parties claim that dismissal of Pamela Scott, personal representative
of the estate of Michael E. Scott (the “Estate”), is proper under Federal Rule of Civil
Procedure 41. The moving parties have represented that the Estate’s claim has been
settled. (Filing No. 448 at ¶ 4.) Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii),
parties may voluntarily dismiss claims by filing “a stipulation of dismissal signed by all
parties who have appeared.” The Joint Motion is signed by Andrei Tchikobava, Igor
Kozlov, Albatross Express, LLC, and UNICK, LLC; however, the Joint Motion is not
signed by the Estate and Associated Wholesale Grocers, Inc.. On October 29, 2014,
the Court issued an Order requiring that any party wishing to oppose the Joint Motion
file a response before 4:00 p.m. on Monday, November 3, 2014. (Filing No. 467.) The
time for opposing the Joint Motion has passed, and no party has filed an objection.
Therefore, the Estate will be dismissed without prejudice from the above-captioned
actions. Accordingly,
IT IS ORDERED:
1.

The Joint Motion (Filing No. 448 in Case No. 4:10-cv-3211; Filing No.
464 in Case No. 8:10-cv-3191; Filing No. 449 in Case No. 4:10-cv3212) is granted; and

2.

Pamela Scott, Personal Representative of the Estate of Michael E. Scott,
is dismissed without prejudice from the above-captioned actions.

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Dated this 4th day of November, 2014.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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