Levernier Construction Inc v. Liberty Surplus Insurance Corporation

Filing 62

ORDER OF DISMISSAL WITH PREJUDICE. Pursuant to the parties Stipulated Motion to Dismiss ECF No. 61 , all claims and causes of action in this matter are DISMISSED with prejudice and without costs or fees to any party. Any pending motions, deadlines, hearings and trial are VACATED as moot. The file is CLOSED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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LEVERNIER CONSTRUCTION INC,
a Washington corporation,

NO: 10-CV-0367-TOR

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Plaintiff,
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ORDER OF DISMISSAL WITH
PREJUDICE

v.
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LIBERTY SURPLUS INSURANCE
CORPORATION, a foreign insurance
company,

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Defendant/Third-Party Plaintiff,
v.
CONTINENTAL WESTERN
INSURANCE COMPANY,

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Third-Party Defendant.
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BEFORE THE COURT is the parties’ Stipulated Motion to Dismiss (ECF

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No. 61). The parties have agreed that Plaintiff Levernier’s Complaint against

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LSIC be dismissed with prejudice; that Defendant/Third-Party Plaintiff LSIC’s

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Third-Party Complaint against Continental be dismissed with prejudice; that Third-

ORDER OF DISMISSAL WITH PREJUDICE ~ 1

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Party Defendant Continental’s Counterclaims against LSIC be dismissed with

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prejudice; and that each party bear their own costs and attorneys’ fees. Pursuant to

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the parties’ stipulation, the Court will dismiss this case with prejudice and without

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costs or attorney’s fees to any party. Fed. R. Civ. P. 41(a)(1)(A)(ii) and (c).

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ACCORDINGLY, IT IS HEREBY ORDERED:

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Pursuant to the parties’ Stipulated Motion to Dismiss (ECF No. 61), all

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claims and causes of action in this matter are DISMISSED with prejudice and

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without costs or fees to any party. Any pending motions, deadlines, hearings and

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trial are VACATED as moot.

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The District Court Executive is hereby directed to enter this Order, furnish
copies to counsel, and CLOSE the file.
DATED September 20, 2013.

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THOMAS O. RICE
United States District Judge

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ORDER OF DISMISSAL WITH PREJUDICE ~ 2