Opinion
NO. 2:07CV00043 BSM.
November 19, 2008
ORDER
Pending before the court is defendants' motion for leave of court to voluntarily dismiss their counterclaim. Plaintiff does not object but requests that the court enter final judgment in favor of plaintiff and against defendant in accordance with the court's order of August 29, 2008. In that order the court awarded plaintiff judgment in the amount of $295,108.78 through February 18, 2008, with additional pre-judgment interest at the rate of $47.81.
Accordingly, defendant's motion for leave of court for voluntary non-suit (Doc. No. 61) is granted. Plaintiff is directed to file its motion for attorney's fees and costs within ten calendar days. Upon determination of fees and costs to which plaintiff is entitled, a final judgment will be entered in favor of plaintiff and against defendants. Plaintiff's motion for summary judgment on defendants' counterclaim (Doc. No. 52) is denied as moot.
IT IS SO ORDERED.