Mid-America Foundation Supply Inc v. Konga Marine Logistics LLC et al, No. 1:2012cv00328 - Document 140 (N.D. Ind. 2015)
Court Description: OPINION AND ORDER: GRANTING 138 STIPULATION to Dismiss by Defendants Chuck Hahn, Al Malins Insurance Inc, Cross Defendants Al Malins Insurance Inc, Chuck Hahn, and DISMISSING WITH PREJUDICE Pla's claims against the Defendants, as well as Konga's cross-claims against Al Malins Insurance Inc and Chuck Hahn. Konga's Third Party Complaint against Atlantic and Llloyd's remains pending. Signed by Judge Theresa L Springmann on 1/5/2015. (lhc)
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Mid-America Foundation Supply Inc v. Konga Marine Logistics LLC et al Doc. 140 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION MID-AMERICA FOUNDATION SUPPLY ) INC. d/b/a/ POSEIDON BARGE, ) ) Plaintiff, ) ) v. ) ) KONGA MARINE LOGISTICS, LLC, ) et al. ) ) Defendants. ) ) v. ) ) ABYSS MARITIME, INC., et al. ) ) Third-Party Defendants. ) CAUSE NO.: 1:12-CV-328-TLS OPINION AND ORDER The Plaintiff, Mid-America Foundation Supply, Inc., filed suit against Konga Marine Logistics, LLC (“Konga”), Al Malins Insurance Inc., and Chuck Hahn. Konga then filed an Amended Answer and Third Party Complaint [ECF No. 22] against Third Party Defendants Abyss Maritime, Inc. (“Abyss”), Atlantic Specialty Insurance (“Atlantic”), and Certain Underwriters at Lloyd’s London (“Lloyd’s”). Konga’s Amended Answer also contained crossclaims against Al Malins Insurance Inc. and Chuck Hahn. On September 17, 2014, the Court issued an Opinion and Order [ECF No. 133] granting a request to dismiss the claims in Konga’s Third Party Complaint against Abyss with prejudice. This matter is before the Court on a Joint Stipulation of Dismissal [ECF No. 138], filed on January 2, 2015. The parties stipulate and agree that all claims by the Plaintiff against the Dockets.Justia.com Defendants, as well as Konga’s cross-claims against Al Malins Insurance Inc. and Chuck Hahn, can be dismissed with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2). The Court GRANTS the request [ECF No. 138] and DISMISSES WITH PREJUDICE the Plaintiff’s claims against the Defendants, as well as Konga’s cross-claims against Al Malins Insurance Inc. and Chuck Hahn. Konga’s Third Party Complaint against Atlantic and Llloyd’s remains pending. SO ORDERED on January 5, 2015. s/ Theresa L. Springmann THERESA L. SPRINGMANN UNITED STATES DISTRICT COURT 2
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