Crete Carrier Corporation v. Winters et al

Filing 36

ORDER - The Stipulated Motion to Dismiss American Equity Specialty Ins. Co. and Northland Ins. Co. without Prejudice 33 is approved, and the relief requested therein is granted. The Plaintiff's action against Defendants, American Equity Speci alty Insurance Co. and Northland Insurance Co., is dismissed without prejudice. The Plaintiff's Motion to Dismiss American Equity Specialty Ins. Co. and Northland Ins. Co. without Prejudice 30 is denied as moot. Defendants Northland Insuranc e Co. and American Equity Specialty Ins. Co.s Motion to Dismiss and/or to Transfer and/or to Abstain 26 is denied as moot. The Clerk of the Court is directed to amend the caption in this case by terminating American Equity Specialty Insurance. Co. and Northland Insurance Co., as defendants. Ordered by Judge Laurie Smith Camp. (KBJ)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CRETE CARRIER CORPORATION, Plaintiff, v. TIMOTHY WINTERS, AMERICAN EQUITY SPECIALTY INSURANCE CO., and NORTHLAND INSURANCE CO., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 8:08CV500

ORDER

This matter is before the Court on the parties' Stipulated Motion to Dismiss American Equity Specialty Ins. Co. and Northland Ins. Co. without Prejudice (Filing No. 33). The stipulated motion to dismiss without prejudice complies with the requirements of Fed. R. Civ. P. 41(a)(1)(ii), and the Court finds that it should be approved. Accordingly, IT IS ORDERED: 1. The Stipulated Motion to Dismiss American Equity Specialty Ins. Co. and Northland Ins. Co. without Prejudice (Filing No. 33) is approved, and the relief requested therein is granted; 2. The Plaintiff's action against Defendants, American Equity Specialty Insurance Co. and Northland Insurance Co., is dismissed without prejudice; 3. The Plaintiff's Motion to Dismiss American Equity Specialty Ins. Co. and Northland Ins. Co. without Prejudice (Filing No. 30) is denied as moot; 4. Defendants Northland Insurance Co. and American Equity Specialty Ins. Co.'s Motion to Dismiss and/or to Transfer and/or to Abstain (Filing No. 26) is denied as moot; and

5.

The Clerk of the Court is directed to amend the caption in this case by terminating American Equity Specialty Insurance. Co. and Northland Insurance Co., as defendants.

DATED this 8th day of January, 2009. BY THE COURT: s/Laurie Smith Camp United States District Judge

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