Opinion
CIVIL ACTION NO.: 10-00537-KD-N.
April 1, 2011
ORDER
This matter is before the Court on the Plaintiff's "Voluntary Dismissal of All Defendants." (Doc. 20). Plaintiff seeks to voluntarily dismiss, with prejudice, all of its claims and causes of action against the (remaining) Defendants: G K Aluminum, Inc., Island Tower Owners Association, Inc., and Trustmark South of Alabama, Inc. As grounds, Plaintiff states that the parties have resolved all of the disputes through alternative dispute resolution.
Defendant Tower Ventures, LLC was dismissed with prejudice on January 21, 2011. (Doc. 17).
The Court construes the filing as a Notice of Voluntary Dismissal with prejudice pursuant to Rule 41(a)(2) because one of the Defendants (Island Tower Owners Association, Inc.) has filed an Answer (Doc. 6) and the filing is not signed by all parties who have appeared in this case.
Accordingly, it is ORDERED that all of the Plaintiff's claims and causes of action against the remaining Defendants G K Aluminum, Inc., Island Tower Owners Association, Inc., and Trustmark South of Alabama, Inc., are DISMISSED with prejudice.
Each party shall bear its own costs.
DONE and ORDERED.