Kioba Processing LLC v. American Express Company

Filing 38

ORDER OF DISMISSAL WITH PREJUDICE: On this day, Plaintiff Kioba Processing LLC ("Plaintiff") and Defendant American Express Company ("Defendant") announced to the Court that they have resolved Plaintiff's claims for relief against Defendant asserted in this case and Defendant's claims, defenses and/or counterclaims for relief against Plaintiff asserted in this case. Plaintiff and Defendant have therefore requested that the Court dismiss Plaintiff's claims for relief against Defendant with prejudice and Defendant's claims, defenses and/or counterclaims for relief against Plaintiff without prejudice, and with all attorneys' fees, costs and expenses taxed against the party incurring same. Th e Court, having considered this request, is of the opinion that their request for dismissal should be granted. IT IS THEREFORE ORDERED that Plaintiff's claims for relief against Defendant are dismissed with prejudice and Defendant's clai ms, defenses and/or counterclaims for relief against Plaintiff are dismissed without prejudice. IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. (Signed by Judge Lorna G. Schofield on 1/7/2021) (rro)

Case 1:20-cv-08287-LGS Document 38 Filed 01/07/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

KIOBA PROCESSING LLC,
Plaintiff,

Civil Action No. 1:20-cv-08287-LGS

v.

Jury Trial Requested

AMERICAN EXPRESS COMPANY,
Defendant.

ORDER OF DISMISSAL WITH PREJUDICE
On this day, Plaintiff Kioba Processing LLC (“Plaintiff”) and Defendant American Express
Company (“Defendant”) announced to the Court that they have resolved Plaintiff’s claims for relief
against Defendant asserted in this case and Defendant’s claims, defenses and/or counterclaims for
relief against Plaintiff asserted in this case. Plaintiff and Defendant have therefore requested that the
Court dismiss Plaintiff’s claims for relief against Defendant with prejudice and Defendant’s claims,
defenses and/or counterclaims for relief against Plaintiff without prejudice, and with all attorneys’
fees, costs and expenses taxed against the party incurring same. The Court, having considered this
request, is of the opinion that their request for dismissal should be granted.
IT IS THEREFORE ORDERED that Plaintiff’s claims for relief against Defendant are
dismissed with prejudice and Defendant’s claims, defenses and/or counterclaims for relief against
Plaintiff are dismissed without prejudice. IT IS FURTHER ORDERED that all attorneys’ fees, costs
of court and expenses shall be borne by each party incurring the same.
SO ORDERED.
Dated: January 7, 2021
New York, New York