E3 Biofuels, LLC v. Biothane Corporation et al

Filing 80

ORDER granting the Plaintiff's 74 Motion to Dismiss Party. Plaintiff's claims against Defendant Dilling Mechanical Contractors, Inc., are dismissed with prejudice, and the clerk is instructed to remove Defendant Dilling Mechanical Contractors, Inc. from the case caption; and the affected parties will bear their own costs and attorney fees. Ordered by Judge Laurie Smith Camp. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
E3 BIOFUELS, LLC,
Plaintiff,
vs.
DILLING MECHANICAL
CONTRACTORS, INC., PERENNIAL
ENERGY, INC., and BIOTHANE,
LLC, successor in interest and
liability to BIOTHANE CORP.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 8:11CV44

ORDER

This matter is before the Court on the Motion to Dismiss Party (Filing No. 74) filed
by Plaintiff E3 Biofuels, LLC. Under Federal Rule of Civil Procedure 41(a)(2) the Court
finds the motion should be granted and the Plaintiff’s claims against Defendant Dilling
Mechanical Contractors, Inc. should be dismissed with prejudice. The parties will bear their
own costs and attorney fees. Accordingly,
IT IS ORDERED:
1.

Plaintiff’s Motion to Dismiss (Filing No. 74) is granted;

2.

Plaintiff’s claims against Defendant Dilling Mechanical Contractors, Inc., are
dismissed with prejudice, and the clerk is instructed to remove Defendant
Dilling Mechanical Contractors, Inc. from the case caption; and

3.

The affected parties will bear their own costs and attorney fees.

DATED this 28th day of July, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge