BOARD OF TRUSTEES of the PLUMBERS, PIPEFITTERS & MECHANICAL EQUIPMENT SERVICE, LOCAL UNION NO. 392 HEALTH & WELFARE FUND et al v. Acoustitherm, LLC et al

Filing 32

STIPULATED ORDER OF DISMISSAL as to Great American Insurance Company. Signed by Judge Michael R. Barrett on 10/17/14. (ba1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
BOARD OF TRUSTEES of the PLUMBERS,
PIPEFITTERS & MECHANICAL
EQUIPMENT SERVICE, LOCAL UNION
NO. 392 PENSION FUND; BOARD OF
TRUSTEES of the PLUMBERS, PIPEFITTERS
& MECHANICAL EQUIPMENT SERVICE,
LOCAL UNION NO. 392 HEALTH &
WELFARE FUND; BOARD OF TRUSTEES
of the PLUMBERS, PIPEFITTERS &
MECHANICAL EQUIPMENT SERVICE,
LOCAL UNION NO. 392 SUB FUND; BOARD
OF TRUSTEES of the PLUMBERS,
PIPEFITTERS & MECHANICAL EQUIPMENT
SERVICE, LOCAL UNION NO. 392
EDUCATION TRUST FUND; BOARD OF
TRUSTEES of the CINCINNATI PLUMBING
AND PIPE FITTING INDUSTRY PROMOTION
TRUST FUND; and PLUMBERS, PIPEFITTERS
& MES, LOCAL UNION NO. 392 U.A.,
Plaintiffs,

:
:

Case No: 14-280

:
Judge: Barrett
:
:
:
:

STIPULATED ORDER
OF DISMISSAL

:
:
:
:

vs.
:
ACOUSTITHERM, LLC., an Ohio Limited Liability
Company; and JAMES LIVINGSTON,
:
an Individual; GREAT AMERICAN INSURANCE
COMPANY, an Ohio Corporation,
:
Defendants.
:
_________________________________________________
Plaintiffs, the Board of Trustees of the Plumbers, Pipe Fitters & Mechanical Equipment
Service, Local Union No. 392 Pension Fund, et al. (“Trust Funds”), by and through their
attorney, Joseph E. Mallon, and the Defendant, Great American Insurance Company, by and
through its attorney, James Houston, hereby file this Stipulation of Dismissal pursuant to Rule
41(a)(1)(ii) of the Federal Rules of Civil Procedure as follows:

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WHEREAS, on April 3, 2014, Plaintiffs filed their Complaint against Defendants
Acoustitherm, LLC, James Livingston and Great American Insurance Company (Docket No. 1);
WHEREAS, on August 26, 2014, Default Judgment was entered against Defendants
Acoustitherm, LLC and James Livingston, leaving Defendant Great American Insurance
Company as the only current party to this litigation (Docket No. 19);
WHEREAS, Plaintiffs filed suit on October 1, 2014 in the Court of Common Pleas in
Hamilton County, Ohio against Defendant Great American Insurance Company for breach of
contract and bad faith refusal.
WHEREAS, the Plaintiffs desire to dismiss Great American Insurance Company from
this lawsuit without prejudice;
WHEREFORE, the Plaintiffs and Defendant Great American Insurance Company hereby
stipulate to the dismissal of the lawsuit as to the Defendant Great American Insurance Company
without prejudice, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure.
s/ Michael R. Barrett
_______________________ _________
UNITED STATES DISTRICT JUDGE
Respectfully submitted,
Board of Trustees of the Plumbers, Pipe
Fitters & Mechanical Equipment Service,
Local Union No. 392 Pension Fund, et al

Great American Insurance Company

/s/ Joseph E. Mallon
Joseph E. Mallon (0085786)
Counsel for Plaintiffs
JOHNSON & KROL, LLC
300 South Wacker Drive, Suite 1313
Chicago, Illinois 60606
Telephone: [phone]

/s/ James Houston
James Houston
Counsel for Great American Insurance Company
Ulmer & Berne, LLP
600 Vine Street, Suite 2800
Cincinnati, Ohio 45202-2409
Telephone: [phone]

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