Wines, Vines and Corks, LLC v. First National of Nebraska, Inc. et al

Filing 53

ORDER regarding 52 Stipulation for Dismissal. It is Ordered that the claims asserted by plaintiff and all claims and counterclaims that were brought or could have been brought are hereby DISMISSED with prejudice, with each party to bear its own costs and attorneys' fees. This order does not apply to the cross-claims asserted by First National Bank of Omaha and First National of Nebraska, Inc. Ordered by Senior Judge Lyle E. Strom. (SLP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WINES, VINES AND CORKS, LLC,

CASE NO. 8:14-CV-00082

Plaintiff,
v.
FIRST NATIONAL OF NEBRASKA,
INC.; FIRST NATIONAL BANK OF
OMAHA; FIRST NATIONAL
MERCHANT SOLUTIONS, LLC; and
FRONTSTREAM PAYMENTS, INC.,

ORDER ON
STIPULATION FOR PARTIAL
DISMISSAL WITH PREJUDICE

Defendants.

This matter is before the Court on the parties’ Stipulation for Partial
Dismissal with Prejudice, filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (Filing No.
52). Pursuant to the stipulation, the Court will dismiss the claims asserted by
plaintiff, and all claims or counterclaims that were brought or could have been
asserted, with prejudice, with each party to bear its own costs and attorneys’ fees.
The Court will not dismiss the cross-claims asserted by First National Bank of
Omaha and First National of Nebraska, Inc., at this time. Accordingly,
IT IS ORDERED that the claims asserted by plaintiff and all claims and
counterclaims that were brought or could have been brought are hereby
DISMISSED with prejudice, with each party to bear its own costs and attorneys’

fees. This order does not apply to the cross-claims asserted by First National Bank
of Omaha and First National of Nebraska, Inc.
DATED this 5th day of December, 2014.
BY THE COURT:
/s/ Lyle E. Strom
Lyle E. Strom, Senior Judge
United States District Court

Prepared and Submitted by:
Kenneth W. Hartman (NE # 21954)
of BAIRD HOLM LLP
1700 Farnam Street, Suite 1500
Omaha, NE 68102-2068
[phone]
[e-mail]
Attorneys for Defendant TSYS Merchant Solutions
DOCS/1347460.1

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