Drinkwalter v Frontera Produce LTD, et al

Filing 136

ORDER OF DISMISSAL- The Notice of Dismissal of Third-Party Claims without Prejudice (Filing No. 135 ) filed by Walmart is approved; All third-party claims filed by Walmart against Jensen and Bio Food in the above-captioned action are dismisse d without prejudice; The Court will not assess costs and attorneys fees with regard to the claims filed by Walmart against Jensen and Bio Food; The Stipulation for Dismissal (Filing No. 134 ) filed by Drinkwalter, Walmart, Frontera, and Primus i s approved; All claims and counterclaims between Drinkwalter and Walmart in the above- captioned action are dismissed with prejudice; All claims filed by Walmart against Frontera are dismissed without prejudice; All claims between Walmart and P rimus in the above-captioned action are dismissed without prejudice; Primus' Motion to Dismiss Walmart's Cross Claim (Filing No. 98 ) is denied as moot; and The parties will bear their own costs and attorney's fees with regard to all claims dismissed pursuant to the Stipulation. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ISLA DRINKWALTER, individually and
as Personal Representative for the
Estate of George Drinkwalter;

7:13CV5006

Plaintiff,
ORDER OF DISMISSAL
vs.
FRONTERA PRODUCE LTD, a foreign
corporation; PRIMUS GROUP, INC., a
foreign corporation; and WALMART
STORES, INC., a foreign corporation;
and JOHN DOES 1-10,
Defendants;
__________________________________
FRONTERA PRODUCE LTD.,
Cross
Claimant/Third-Party
Plaintiff,
vs.
PRIMUS GROUP, INC., JENSEN FARMS,
a partnership, BIO FOOD SAFETY, INC.,
and PEPPER EQUIPMENT CORP.,
Cross
Defendants/ThirdParty Defendants;
__________________________________
PEPPER EQUIPMENT CORP.,
Counter
Claimant/Cross
Claimant,
vs.
FRONTERA PRODUCE LTD, a foreign
corporation, WALMART STORES, INC.,
a foreign corporation, JENSEN FARMS,
BIO FOOD SAFETY, INC., and PRIMUS
GROUP, INC.,

Counter Defendant/
Cross Defendants;
__________________________________
WAL-MART STORES, INC. a foreign
corporation,
Cross
Claimant/Third-Party
Plaintiff,
vs.
FRONTERA PRODUCE LTD, a foreign
corporation; PRIMUS GROUP, INC., a
foreign corporation; JENSEN FARMS, a
partnership, and BIO FOOD SAFETY,
INC.,
Cross
Defendants/ThirdParty Defendants;
__________________________________
PRIMUS GROUP INC.,
Cross Claimant,
vs.
FRONTERA PRODUCE LTD, and
JENSEN FARMS,
Cross Defendants.

This matter is before the Court on the Notice of Dismissal of Third-Party Claims
without Prejudice (Filing No. 135) filed by Wal-mart Stores Inc.’s (“Walmart”), and the
Stipulation for Dismissal (Filing No. 134) filed by Isla Drinkwalter, individually and as
Personal Representative of the Estate of George Drinkwalter (“Drinkwalter”); Walmart,

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Frontera Produce LTD (“Frontera”); and Primus Group, Inc. d/b/a “Primus Labs”
(“Primus”).
Notice of Dismissal
The Notice complies with Federal Rule of Civil Procedure 41(a)(1)(A)(i), and the
Court finds that it should be approved.

All third-party claims against Third-Party

Defendant Jensen Farms (“Jensen”) and Third-Party Defendant Bio Food Safety, Inc.
(“Bio Food”) filed by Walmart in the above-captioned action will be dismissed without
prejudice. The Court will not assess costs and attorney’s fees with regard to the claims
dismissed pursuant to the Notice.
Stipulated Dismissal
The Stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and
the Court finds that it should be approved.

All claims and counterclaims between

Drinkwalter and Walmart in the above-captioned action will be dismissed with prejudice.
All cross-claims filed by Walmart against Frontera will be dismissed without prejudice.
All claims between Walmart and Primus in the above-captioned action will be dismissed
without prejudice. The parties will bear their own costs and attorney’s fees with regard
to the claims dismissed pursuant to the Stipulation. Accordingly,
IT IS ORDERED:
1.

The Notice of Dismissal of Third-Party Claims without Prejudice (Filing No.
135) filed by Walmart is approved;

2.

All third-party claims filed by Walmart against Jensen and Bio Food in the
above-captioned action are dismissed without prejudice;

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3.

The Court will not assess costs and attorney’s fees with regard to the
claims filed by Walmart against Jensen and Bio Food;

4.

The Stipulation for Dismissal (Filing No. 134) filed by Drinkwalter,
Walmart, Frontera, and Primus is approved;

5.

All claims and counterclaims between Drinkwalter and Walmart in the
above-captioned action are dismissed with prejudice;

6.

All claims filed by Walmart against Frontera are dismissed without
prejudice;

7.

All claims between Walmart and Primus in the above-captioned action are
dismissed without prejudice;

8.

Primus’ Motion to Dismiss Walmart’s Cross Claim (Filing No. 98) is denied
as moot; and

9.

The parties will bear their own costs and attorney’s fees with regard to all
claims dismissed pursuant to the Stipulation.

Dated this 15th day of September, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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