Crete Carrier Corporation v. Winters et al

Filing 38

ORDER OF DISMISSAL - The Motion to Dismiss with Prejudice 37 is granted. The First Amended Complaint, including any and all claims or causes of action therein, is dismissed with prejudice. All pending motions are denied as moot; and The parties shall pay their own costs and attorneys' fees. 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, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 8:08CV500

ORDER OF DISMISSAL

This matter is before the Court on the Plaintiff's Motion to Dismiss with Prejudice (Filing No. 37). Plaintiff seeks dismissal of the above-captioned action and moves to dismiss its complaint and any and all claims or causes of action therein, with prejudice. No counterclaims have been filed. Plaintiff represents to the Court that all present and prior parties to the action have been contacted and have agreed to the entry of an Order of Dismissal. Pursuant to Fed. R. Civ. P. 41(a), and for good cause shown, IT IS ORDERED: 1. 2. The Motion to Dismiss with Prejudice (Filing No. 37) is granted; The First Amended Complaint, including any and all claims or causes of action therein, is dismissed with prejudice; 3. 4. All pending motions are denied as moot; and The parties shall pay their own costs and attorneys' fees.

DATED this 18th day of February, 2009. BY THE COURT: s/Laurie Smith Camp United States District Judge