Hip Hop Beverage Corporation v. Krier Foods Inc et al

Filing 99

ORDER signed by Judge Lynn Adelman on 3/20/15 that the third-party complaint of Krier Foods, Inc., against Ball Corporation is dismissed without prejudice with each party to bear its own costs and attorney fees. Further ordering 88 MOTION to Dismiss Third-Party Complaint is denied as moot. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
HIP HOP BEVERAGE CORPORATION,
Plaintiff,
vs.

Case No.: 13-CV-00412

KRIER FOODS, INC.,
Defendant and Third-Party Plaintiff,
WB WAREHOUSING AND LOGISTICS, INC.,
Defendant,
DOES 1-10,
Defendants,
vs.
BALL CORPORATION,
Third-Party Defendant.
_____________________________________________________________________
ORDER
Whereas defendant and third-party plaintiff, Krier Foods, Inc., and third-party
defendant, Ball Corporation, submitted a joint stipulation of dismissal, without prejudice,
of all of third-party plaintiff’s claims against third-party defendant pursuant to Rule 41 of the
Federal Rules of Civil Procedure, with each party to bear its own costs and attorney fees;
The court, having reviewed the stipulation of dismissal, and finding that good cause
appears, orders that:
1.

The third-party complaint of Krier Foods, Inc., against Ball Corporation is
hereby dismissed without prejudice pursuant to Rule 41(a)(2) of the Federal
Rules of Civil Procedure, with each party to bear its own costs and attorney
fees.

2.

Ball Corporation’s pending motion to dismiss third-party complaint (ECF No.
88) is DENIED as MOOT.

Dated this 20th day of March, 2015.
s/ Lynn Adelman
______________________________
LYNN ADELMAN
U.S. District Court Judge