CBRE Heery, Inc. v. RLI Insurance Company et al

Filing 59

ORDER - Defendant's payment bond claim against the counterclaim defendant and third-party defendants is DISMISSED WITHOUT PREJUDICE. The third-party defendants are DISMISSED WITHOUT PREJUDICE, and the Clerk is directed to close the case against them. Since claim three has been dismissed, the motion for partial summary judgment of plaintiff and third-party defendants [DE 51] is DENIED as MOOT. Signed by District Judge Terrence W. Boyle on 7/16/2021. (Stouch, L.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 5:20-CV-216-BO
CBRE HEERY, INC.,
Plaintiff,

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V.

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RLI INSURANCE COMPANY and
SOUTHERN GLASS & MIRROR OF
EASTERN NORTH CAROLINA, INC.,

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Defendants.

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SOUTHERN GLASS & MIRROR OF
EASTERN NORTH CAROLINA, INC.,

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Counterclaim Plaintiff,

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V.

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CBRE HEERY, INC.,
Counterclaim Defendant.

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SOUTHERN GLASS & MIRROR OF
EASTERN NORTH CAROLINA, INC.,

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Third-Party Plaintiff,
V.

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TRAVELERS CASUALTY AND SURETY)
COMPANY OF AMERICA, FIDELITY
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AND DEPOSIT COMPANY OF
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MARYLAND, LIBERTY MUTUAL
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INSURANCE COMPANY, AND
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FEDERAL INSURANCE COMPANY,
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Third-Party Defendants.
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ORDER

This cause comes before the Court on the motion for partial summary judgment of plaintiff
CBRE Heery, Inc. and third-party defendants Travelers Casualty and Surety Company of America,
Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company, and Federal
Insurance Company and the notice of voluntary dismissal of defendant Southern Glass & Mirror
of Eastern North Carolina, Inc. Plaintiff and third-party defendants have moved for summary
judgment on count three of defendant's counterclaim and third-party complaint. In response, and
pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, defendant has moved to
voluntarily dismiss count three without prejudice.
Therefore, defendant's payment bond claim against the counterclaim defendant and thirdparty defendants is DISMISSED WITHOUT PREJUDICE. The third-party defendants are
DISMISSED WITHOUT PREJUDICE, and the Clerk is directed to close the case against them.
Since claim three has been dismissed, the motion for partial summary judgment of plaintiff and
third-party defendants [DE 51] is DENIED as MOOT.

SO ORDERED, this

/ ~ a y of July, 2021.

UNITED STATES DISTRICT JUDGE

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