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

Filing 37

ORDER NUNC PRO TUNC that the joint motion to dismiss #35 is granted. Claims I, II and IV of the complaint are dismissed with prejudice. Claim III of the complaint is dismissed without prejudice. Bettcher Industries, Inc.'s counterclaims and crossclaims against Bunzl 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 NUNC PRO TUNC

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.
2) Claim III of the complaint is dismissed without
prejudice.
3) Bettcher Industries, Inc.’s counterclaims and crossclaims against Bunzl and Exact are dismissed with prejudice.
4) Each party shall bear its own attorneys’ fees and
costs.
DATED this 6th day of July, 2012.
BY THE COURT:
/s/ Lyle E. Strom
______________________________
LYLE E. STROM, Senior Judge
United States District Court