Moyle v. Clarke et al

Filing 165

ORDER granting 164 Motion to Dismiss; this action is dismissed with prejudice, each party to pay their own costs. All other pending motions are denied as moot. Ordered by Senior Judge Lyle E. Strom. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILLIAM J. MOYLE,

)
)
Plaintiff,
)
)
v.
)
)
CONCRETE INDUSTRIES, INC.,
)
ROGER T. CLARKE, and NEBCO,
)
INC.,
)
)
Defendants.
)
)
v.
)
)
MECHANICAL SYSTEMS, INC., and )
ACUITY INSURANCE COMPANY, its )
workers’ compensation insurer,)
)
Intervenors/Defendants. )
______________________________)

8:12CV434

ORDER

This matter is before the Court on defendants' motion
to dismiss with prejudice (Filing No. 164).

The Court notes

intervenors/defendants have no objection to the motion.

This

action was previously dismissed without prejudice (Filing No.
148).

However the motion to dismiss with prejudice will be

granted.

Accordingly,
IT IS ORDERED:
1) Defendants’ motion is granted; this action is

dismissed with prejudice, each party to pay their own costs.

2) All other pending motions are denied as moot.
DATED this 19th day of September, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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