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United Fire & Casualty Co. v. Wal-Mart Stores

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


April 29, 2010

UNITED FIRE & CASUALTY COMPANY, AN IOWA STOCK INSURANCE COMPANY, PLAINTIFF,
v.
WAL-MART STORES, INC., R.G. BRINKMANN COMPANY, REDNOUR STEEL ERECTORS, INC., JAY C. JEFFERS AND SHERRY JEFFERS, DEFENDANTS.
WAL-MART STORES, INC., COUNTERPLAINTIFF,
v.
UNITED FIRE & CASUALTY COMPANY, AN IOWA STOCK INSURANCE COMPANY, COUNTERDEFENDANT

The opinion of the court was delivered by: David R Herndon Chief Judge United States District Court

ORDER

HERNDON, Chief Judge

Before the Court is an Agreed Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) (Doc. 78) stipulated and agreed to by all of the parties. Both Plaintiff and Defendants agree that their Complaint and Counterclaim should be dismissed without prejudice pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) with each party to bear their own costs. The parties' Complaint and Counterclaim initially sought declarations regarding the coverage for Wal-mart in a case pending in St. Clair County, Illinois. Specifically, the parties sought a declaration as to whether Plaintiff had a duty to defend Defendant Wal-mart in the litigation pending in state court. However, the parties state that Defendant Wal-mart has been voluntarily dismissed from that state case and thus the issue of coverage for Wal-mart, the basis of Plaintiff's Complaint and Defendant's Counterclaim, are now currently moot.*fn1 Based on the reasons in the motion, the Court GRANTS the parties Agreed Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) (Doc. 78). The Court DISMISSES without prejudice, with each party to bear their own costs, Plaintiff's claims against Defendants, as well as Defendant Wal-mart's claims against Plaintiff. The Court will close the file.

IT IS SO ORDERED.

Signed this 29th day of April, 2010.


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