Fritzsche et al v. Lexon Surety Group

Filing 9

ORDER approving 8 the Stipulation for Dismissal of complaint as to Defendant Tierra Dynamic, LLC with prejudice. Defendant Tierra Dynamic, LLC, is dismissed from this action, with prejudice, and the Clerk of the Court is directed to remove its name from the case caption; and the Court will not assess costs or attorney's fees. Ordered by Chief Judge Laurie Smith Camp. (Copy emailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA, for the
use of WILLIAM C. FRITZSCHE; and
WILLIAM C. FRITZSCHE, d.b.a.
ADVANTAGE BUILDING &
CONSULTING,
Plaintiffs,

CASE NO. 8:13CV146

ORDER

vs.
TIERRA DYNAMIC, LLC, and LEXON
SURETY GROUP,
Defendants.

This matter is before the Court on the Stipulation for Dismissal of Complaint as to
Defendant Tierra Dynamic, LLC (Filing No. 8), with prejudice, filed by the Plaintiffs and
Dina L. Anderson, Chapter 7 Trustee for the bankruptcy estate of Defendant Tierra
Dynamic, LLC (“Tierra”). In the stipulation, Anderson and the Plaintiffs represent that on
July 31, 2013, Tierra filed a voluntary Chapter 7 petition in the United States Bankruptcy
Court for the District of Arizona,1 that this bankruptcy case remains pending at this time,
and that the Plaintiffs have not sought relief from the automatic stay that was instituted
upon commencement of Tierra’s bankruptcy case.

They also represent that the

Plaintiffs initiated this action against the Defendants to recover on a performance bond
that Defendant Lexon Surety Group (“Lexon”) issued on behalf issued of Tierra, that the
Plaintiffs’ damages are recoverable from Lexon only, and that the Plaintiffs, therefore,
agree to dismiss Tierra from this matter, with prejudice.

1

See In re Tierra Dynamic Co., LLC, No. 2:12-bk-17115-SSC (Bankr. D. Ariz. July 31, 2012).

The stipulation complies with the requirements of Federal Rule of Civil Procedure
41(a)(1)(A)(i), and the Court concludes that it should be approved and that, under the
circumstances, referring this action to the U.S. Bankruptcy Court for the District of
Nebraska2 is unnecessary. Accordingly,
IT IS ORDERED:
1. The Stipulation for Dismissal of Complaint as to Defendant Tierra Dynamic,
LLC (Filing No. 8), with prejudice, filed by the Plaintiffs and Dina L. Anderson, Chapter 7
Trustee for the bankruptcy estate of Defendant Tierra Dynamic, LLC, is approved;
2. Defendant Tierra Dynamic, LLC, is dismissed from this action, with prejudice,
and the Clerk of the Court is directed to remove its name from the case caption; and
3. The Court will not assess costs or attorney’s fees.

Dated this17th day of June, 2013.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

2

See NEGenR 1.5(a)(1):

Upon the filing of a suggestion in bankruptcy, or other notification that a party to a civil
case is a debtor in a bankruptcy case, the entire case is referred to the bankruptcy court
for further action. Under this rule, the matter is referred to the bankruptcy court even if
the suggestion of bankruptcy states the bankruptcy proceeding was initiated in another
district. . . .

2