Hartford Casualty Insurance Company v. Topsail Sportswear, Inc. et al

Filing 62

ORDER granting 61 Motion to Dismiss - The complaint is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Signed by Chief Judge Louise Wood Flanagan on 07/12/2011. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:10-CV-148-FL
HARTFORD CASUALTY INSURANCE
COMPANY,
Plaintiff,
v.
TOPSAIL SPORTSWEAR, INC.; and
PALDO SIGN AND DISPLAY
COMPANY,

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ORDER

Defendant.
This matter comes before the court on plaintiff’s motion to dismiss the complaint pursuant
to Federal Rule of Civil Procedure 41(a)(2) (DE # 61). Plaintiff’s complaint was filed in the
Northern District of Illinois on March 5, 2010, and named Topsail Sportswear, Inc. (“Topsail”), and
Paldo Sign and Display Company (“Paldo”), as defendants. The matter was transferred to this
district on July 27, 2010. Default was entered against Topsail on February 16, 2011. Plaintiff’s
motion now informs that the parties have reached an agreement to settle the matter, and requests that
the court dismiss its complaint without prejudice. Neither defendant has pleaded a counterclaim.
Accordingly, plaintiff’s motion is GRANTED and the complaint is DISMISSED without prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(2).
SO ORDERED, this the 12th day of July, 2011.

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LOUISE W. FLANAGAN
Chief United States District Judge