Bunzl Processor Distribution, LLC v. Bettcher Industries, Inc. et al

Filing 36

ORDER granting #35 Motion to Dismiss. Claims I, II and IV of the complaint are dismissed with prejudice as between Bunzl and Exact Manufacturing & Machine, Inc. Claim III of the complaint is dismissed without prejudice as between Bunzl and Exact Manufacturing & Machine, Inc. Bettcher Industries, Inc.'s counterclaims and crossclaims against Bunzel and Exact are dismissed with prejudice. Each party shall bear its own attorneys' fees and costs. Ordered by Senior Judge Lyle E. Strom. (ADB)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
BUNZL PROCESSOR DISTRIBUTION, )
LLC,
)
)
Plaintiff,
)
)
v.
)
)
BETTCHER INDUSTRIES, INC.,
)
and EXACT MANUFACTURING &
)
MACHINE, INC.,
)
)
Defendants
)
______________________________)

8:12CV54

ORDER

This matter is before the Court on the joint motion to
dismiss (Filing No. 35).
granted.

The Court finds the motion should be

Accordingly,
IT IS ORDERED:
1)

Claims I, II and IV of the complaint are dismissed

with prejudice as between Bunzl and Exact Manufacturing &
Machine, Inc.
2) Claim III of the complaint is dismissed without
prejudice as between Bunzl and Exact Manufacturing & Machine,
Inc.
3) Bettcher Industries, Inc.’s counterclaims and crossclaims against Bunzel and Exact are dismissed with prejudice.
4) Each party shall bear its own attorneys’ fees and
costs.
DATED this 5th day of July, 2012.
BY THE COURT:
/s/ Lyle E. Strom
______________________________
LYLE E. STROM, Senior Judge
United States District Court