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.)

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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, ) ) ) ) ) ) ) ) ) ) ) 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. _____________________________ LOUISE W. FLANAGAN Chief United States District Judge

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