CHICAGO TITLE INSURANCE COMPANY v. NWJ INVESTMENT FUND IV, LLC et al., No. 1:2011cv00768 - Document 96 (S.D. Ind. 2013)

Court Description: ORDER denying as moot 92 Motion to enter s/j as a Final Judgment and granting 95 Motion to Dismiss without prej all claims against NWJ and all claims against Mr. Jekogian, except for the claim on which the Court entered s/j in favor of Chicago Title. Signed by Judge Jane Magnus-Stinson on 6/7/2013. (CBU)

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CHICAGO TITLE INSURANCE COMPANY v. NWJ INVESTMENT FUND IV, LLC et al. Doc. 96 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION CHICAGO TITLE INSURANCE COMPANY, Third-Party Plaintiff, vs. NWJ INVESTMENT FUND, IV, LLC, & NICKOLAS W. JEKOGIAN, III, Third-Party Defendants. ) ) ) ) ) ) ) ) 1:11-cv-768-JMS-DKL ORDER Presently pending before the Court is Third-Party Plaintiff Chicago Title Insurance Company’s (“Chicago Title”) Motion to Dismiss Unresolved Issues Without Prejudice. [Dkt. 95.] Chicago Title moves to dismiss unresolved claims against Third-Party Defendants NWJ Investment Fund, IV, LLC (“NWJ”), and Nickolas W. Jekogian, III pursuant to Federal Rule of Civil Procedure 41(a)(1)(2). Specifically, Chicago Title would like to dismiss all unresolved claims so that it can pursue the enforcement of its claim against Mr. Jekogian that was resolved on summary judgment in favor of Chicago Title and against Mr. Jekogian for $343,301.39. [Dkts. 90; 95 at 1.] Neither NWJ nor Mr. Jekogian responded to Chicago Title’s motion to dismiss. The Court GRANTS Chicago Title’s motion to dismiss to the extent that 1) all claims against NWJ are DISMISSED WITHOUT PREJUDICE, and 2) all claims against Mr. Jekogian, except for the claim on which the Court entered summary judgment in favor of Chicago Title for $343,301.39, are DISMISSED WITHOUT PREJUDICE. [Dkt. 95.] Chicago Title’s Motion to Enter Summary Judgment as a Final Judgment is DENIED AS MOOT. [Dkt. 92.] Judgment on the resolved claim against Mr. Jekogian will enter accordingly, and the Clerk is directed to CLOSE this matter on the Court’s docket. -1- Dockets.Justia.com 06/07/2013 _______________________________ Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana Distribution via ECF only: James A.L. Buddenbaum PARR RICHEY OBREMSKEY FRANDSEN & PATTERSON LLP-Lebanon jbuddenbaum@parrlaw.com James E. Carlberg BOSE MCKINNEY & EVANS, LLP jcarlberg@boselaw.com Shawna Meyer Eikenberry BAKER & DANIELS - Indianapolis shawna.eikenberry@FaegreBD.com Travis W. Montgomery PARR RICHEY OBREMSKEY FRANDSEN & PATTERSON LLP tmontgomery@parrlaw.com Carl R. Pebworth BAKER & DANIELS - Indianapolis carl.pebworth@FaegreBD.com Michael L. Schultz PARR RICHEY OBREMSKEY FRANDSEN & PATTERSON LLP mschultz@parrlaw.com Charles T. Switzer FAEGRE BAKER DANIELS LLP - Indianapolis charles.switzer@FaegreBD.com Mark A. Voigtmann BAKER & DANIELS - Indianapolis mark.voigtmann@FaegreBD.com -2-

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