State Farm Fire & Casualty Company v. Fisher & Paykel Appliances Inc, No. 3:2010cv03171 - Document 32 (C.D. Ill. 2011)
Court Description: OPINION: Therefore, Plaintiff's claims against Defendant are DISMISSEDWITH PREJUDICE and the Third Party Plaintiff's claims against theThird Party Defendant are DISMISSED WITH PREJUDICE. Eachparty shall bear its own costs and attorney's fees. The pending Motionsto Dismiss (d/e 27 and 28) are DENIED AS MOOT. Entered by Judge Sue E. Myerscough on 8/9/2011. (CT, ilcd)
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E-FILED Tuesday, 09 August, 2011 09:17:05 AM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION STATE FARM FIRE & CASUALTY ) COMPANY, as Subrogee of Marc and ) Lisa Bain, ) ) Plaintiff, ) ) v. ) ) FISHER & PAYKEL APPLIANCES, ) INC., ) ) Defendant. ) FISHER & PAYKEL APPLIANCES, ) INC., ) ) Third Party Plaintiff, ) ) v. ) EMERSON ELECTRIC CO., d/b/a ) White Rodgers, ) ) Third Party Defendant. ) 10-3171 OPINION The parties have signed and submitted Stipulations of Dismissal (d/e 30-1 and 31-1). In the Stipulations, the parties agree to the dismissal of Plaintiff s claims against Defendant with prejudice and without costs to either party. The parties also agree to the dismissal of the Third Party Plaintiff s claims against the Third Party Defendant, with prejudice and without costs to either party. Therefore, Plaintiff s claims against Defendant are DISMISSED WITH PREJUDICE and the Third Party Plaintiff s claims against the Third Party Defendant are DISMISSED WITH PREJUDICE. Each party shall bear its own costs and attorney s fees. The pending Motions to Dismiss (d/e 27 and 28) are DENIED AS MOOT. SO ORDERED. CASE CLOSED. ENTER: August 8, 2011. FOR THE COURT: s/Sue E. Myerscough SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE
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