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Summit Financial Resources L.P. v. Big Dog Enterprises Logistics

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 11, 2008

SUMMIT FINANCIAL RESOURCES L.P., PLAINTIFF,
v.
BIG DOG ENTERPRISES LOGISTICS, LLC, D/B/A FREIGHT HAULING LOGISTICS, DAVID HURSEY, THE HURSEY GROUP, LLC, AND PEERLESS-PREMIER APPLIANCE CO., DEFENDANTS.
PEERLESS PREMIER APPLIANCE CO., COUNTERCLAIM/INTERPLEADER PLAINTIFF,
v.
SUMMIT FINANCIAL RESOURCES L.P., COUNTERCLAIM/INTERPLEADER DEFENDANT.
PEERLESS PREMIER APPLIANCE CO., CROSS-CLAIM/INTERPLEADER PLAINTIFF,
v.
BIG DOG ENTERPRISES LOGISTICS, LLC, D/B/A FREIGHT HAULING LOGISTICS, DAVID HURSEY, THE HURSEY GROUP, LLC, AND BUSKE LOGISTICS, CSX INTERMODAL, INC., ESTES EXPRESS LINES, FED EX FREIGHT-EAST, LANDSTAR RANGER, OVERNIGHT TRANSPORT-UPS FREIGHT, SCHNEIDER NATIONAL CARRIERS, WERNER ENTERPRISES, AND YELLOW TRANSPORTATION, INC., CROSS-CLAIM/INTERPLEADER DEFENDANTS.

The opinion of the court was delivered by: Michael J. Reagan United States District Judge

MEMORANDUM AND ORDER

REAGAN, District Judge

On January 25, 2008, counterclaim/interpleader Plaintiff Peerless-Premier Appliance Co. and cross-claim/interpleader Defendant Werner Enterprises filed a stipulation that Peerless-Premier's cause of action against Werner be dismissed with prejudice (Doc. 188).

FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(i) provides that a plaintiff may voluntarily dismiss an action "by filing a stipulation of dismissal signed by all parties who have appeared in the action." However, because the stipulation was only signed by John Baroni, counsel for Peerless-Premier, and Steven Hughes, counsel for Werner, the Court set a deadline for other parties to object to the voluntary dismissal (Doc. 190).

As the deadline to file objections has passed, and no party has filed a response to the stipulation for dismissal, the Court hereby DISMISSES with prejudice Peerless-Premier's cause of action against Werner Enterprises, the parties to bear their respective costs.

IT IS SO ORDERED.

20080211

© 1992-2008 VersusLaw Inc.



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