Opinion
Case No. 3:11-cv-235
02-25-2013
JOE HAND PROMOTIONS, INC., Plaintiff, v. WILLIAM S. OLIVER, et al., Defendants.
JUDGE WALTER H. RICE
DECISION AND ENTRY SUSTAINING PLAINTIFF'S REQUEST FOR
DISMISSAL OF STATE LAW CONVERSION CLAIM (DOC. #31);
DISMISSING CONVERSION CLAIM WITHOUT PREJUDICE;
JUDGMENT TO ENTER IN FAVOR OF PLAINTIFF AND AGAINST
DEFENDANTS WILLIAM S. OLIVER AND SOUTH BEACH
INVESTMENTS, LLC IN THE AMOUNT OF $28,475.00;
TERMINATION ENTRY
On January 29, 2013, the Court overruled in part and sustained in part Plaintiff's unopposed motion for summary judgment, and ordered Defendants William S. Oliver and South Beach Investments, LLC, to pay Plaintiff $20,000 in statutory damages, plus $8,475.00 in attorneys' fees. It also directed Plaintiff to notify the Court whether it still intended to pursue the state law conversion claim, which was not addressed in the motion for summary judgment. Doc. #30.
On January 31, 2013, Plaintiff requested that the Court dismiss that claim without prejudice, and enter judgment in accordance with the January 29, 2013, Decision and Entry. Doc. #31. Defendants have not objected to Plaintiff's request.
Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court DISMISSES WITHOUT PREJUDICE the one remaining claim, namely the state law conversion claim. In accordance with the January 29, 2013, Decision and Entry, the Clerk shall enter judgment in favor of Plaintiff and against Defendants William S. Oliver and South Beach Investments, LLC, in the amount of $28,475.00.
The above-captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division at Dayton.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE