February 11, 2008
SUMMIT FINANCIAL RESOURCES L.P., PLAINTIFF,
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,
SUMMIT FINANCIAL RESOURCES L.P., COUNTERCLAIM/INTERPLEADER DEFENDANT.
PEERLESS PREMIER APPLIANCE CO., CROSS-CLAIM/INTERPLEADER PLAINTIFF,
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
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.
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