Bad Boy Enterprises, LLC v. Xylodyne Corporation et al, No. 5:2009cv00019 - Document 17 (S.D. Miss. 2009)

Court Description: FINAL JUDGMENT granting Ore Tenus Motion to Dismiss with prejudice. Signed by Honorable David C. Bramlette, III on 10/28/09 (PKM)

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Bad Boy Enterprises, LLC v. Xylodyne Corporation et al Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION BAD BOY ENTERPRISES, LLC PLAINTIFF V. CIVIL ACTION NO. 5:09–cv–00019–DCB–JMR XYLODYNE CORPORATION, PETER McDONALD AND NORM MacPHERSON DEFENDANTS FINAL JUDGMENT THIS CIVIL ACTION CAME ON FOR HEARING this date on motion ore tenus of the plaintiff, as made by its counsel, seeking an Order dismissing this civil action at the instance of the plaintiff and with full and final prejudice to all claims that were made or that might have been made in the civil action, and the Court, finding first that it has jurisdiction of the subject matter and of the person of the plaintiff, but being advised that service of process had not yet been perfected upon the defendants and that defendants intended to controvert the in personam jurisdiction of the Court if served, but being advised further that the parties have reached a compromise to be performed in part by surrenders of property located in the Province of Ontario and by the payment from Canada of funds in an amount satisfactory to the plaintiff, and being otherwise fully advised in the premises, is of the opinion that, in view of the compromise, there is no impediment to the granting of the plaintiff’s own Motion to Dismiss. IT IS THEREFORE ORDERED AND ADJUDGED that this civil action be and hereby is dismissed fully and finally and with prejudice to all the claims plaintiff brought in the action or which it might have brought, the parties to bear their respective costs. Dockets.Justia.com SO ORDERED AND ADJUDGED, this the 28th day of October, 2009. s/David Bramlette DAVID BRAMLETTE UNITED STATES DISTRICT JUDGE Submitted: s/Lucien C. Gwin, III Lucien C. Gwin, III Counsel of Record for Bad Boy Enterprises, LLC

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