National Marine Insurance Agency Limited v. Ag Processing, Inc.

District of Nebraska, ned-8:2005-cv-00079

ORDER OF DISMISSAL granting {{179}} plaintiff's motion to dismiss; granting {{180}} third-party plaintiff's motion for voluntary dismissal; the second amended complaint {{126}}, the third-party complaint {{135}}, all claims, counterclaims, and thir d-party claims of whatever kind, are dismissed with prejudice; the parties will pay their own costs; and the parties will pay their own attorney's fees unless otherwise agreed by and between them in writing. D Ordered by Judge Laurie Smith Camp.

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8:05-cv-00079-LSC-FG3 Doc # 182 Filed: 09/11/07 Page 1 of 2 - Page ID # 1195 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA NATIONAL MARINE INSURANCE) CASE NO. 8:05CV79 AGENCY LIMITED; VERO) INSURANCE LIMITED, trading as) VERO NATIONAL MARINE, as) Subrogee of JOSSCO AUSTRALIA) PTY, LTD,)) Plaintiff,)) v.)) AG PROCESSING, INC.,) ORDER OF DISMISSAL) Defendant and) Third-Party Plaintiff,)) v.)) KINDER MORGAN BULK) TERMINALS, INC.,)) Third-Party Defendant.) This matter is before the Court on the Plaintiffs' motion for voluntary dismissal and the Third-Party Plaintiff's motion for voluntary dismissal, both of which are based on the parties' stipulation of dismissal with prejudice. (Filing No. 179, p. 3). The stipulation complies with the requirement of Fed. R. Civ. P. 41(a)(1)(ii), and the Court finds that the motions should be granted. Accordingly, IT IS ORDERED: 1. The Plaintiffs' Motion for Voluntary Dismissal (Filing No. 179, p.1) is granted; 2. The Third-Party Plaintiff's Motion for Voluntary Dismissal (Filing No. 180) is granted; 8:05-cv-00079-LSC-FG3 Doc # 182 Filed: 09/11/07 Page 2 of 2 - Page ID # 1196 3. The Second Amended Complaint (Filing No. 126), the Third-Party Complaint (Filing No. 135), all claims, counterclaims, and third-party claims of whatever kind, are dismissed with prejudice; 4. The parties will pay their own costs; and 5. The parties will pay their own attorney's fees unless otherwise agreed by and between them in writing. DATED this 11th day of September, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge 2