Factory Mutual Insurance Company v. Nebraska Beef, Inc. et al

Filing 87

ORDER DISMISSING DEFENDANTS' BAD FAITH COUNTERCLAIM WITHOUT PREJUDICE - IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that defendants' bad faith counterclaim is dismissed without prejudice, with each party to pay their own costs and with complete record waived. Ordered by Chief Judge Joseph F. Bataillon. (TCL )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA FACTORY MUTUAL INSURANCE ) COMPANY, d/b/a MUTUAL BOILER RE, ) ) Plaintiff, ) ) vs. ) ) NEBRASKA BEEF, INC. and ) SOUTH OMAHA INVESTORS PACK, ) L.L.C., ) ) Defendants. ) CASE NO. 8:09-CV-159

ORDER DISMISSING DEFENDANTS' BAD FAITH COUNTERCLAIM WITHOUT PREJUDICE

THIS MATTER came on to be heard upon the joint stipulation of the parties hereto that defendants' bad faith counterclaim be dismissed without prejudice, with each party to pay their own costs, and with complete record waived. The Court, being fully advised in the premises, finds that such an order should be entered. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that defendants' bad faith counterclaim is dismissed without prejudice, with each party to pay their own costs and with complete record waived. DATED this 5th day of May 2010. BY THE COURT: s/ Joseph F. Bataillon CHIEF UNITED STATES DISTRICT JUDGE PREPARED & SUBMITTED BY: William M. Lamson, Jr., #12374 Anne Marie O'Brien, #18271 LAMSON, DUGAN and MURRAY, LLP 10306 Regency Parkway Drive Omaha, NE 68114 Telephone: [phone] Telefax: [phone] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANTS