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Consolidated Brick & Building Supplies, Inc. v. Dan Lepore & Sons Co.

April 24, 2007

CONSOLIDATED BRICK & BUILDING SUPPLIES, INC., PLAINTIFF,
v.
DAN LEPORE & SONS COMPANY, DEFENDANT.



The opinion of the court was delivered by: Mary L. Cooper United States District Judge

MEMORANDUM OPINION

THE PLAINTIFF and the defendant having stipulated to dismiss the claims between them (dkt. entry no. 12, 4-6-07 Stip.); and the Clerk having terminated the first-party action; and Chambers having contacted the defendant's counsel - Gary M. Perkiss - by telephone on April 9, 2007; and the defendant's counsel advising that the third-party claims have been settled as well; and thus the Court intending to dismiss the third-party complaint (1) without costs and (2) without prejudice to reopen the third-party action on good cause shown within 60 days if the settlement is not consummated; and the Court advising the parties that, even though the entire action will be marked as closed, to protect their interests they may submit a further stipulation of dismissal; and for good cause appearing, the Court will issue an appropriate order and judgment.

20070424

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