Opinion
Civil Case No. G-01-751
April 18, 2002
On February 21, 2002, Defendant A D Interests, Inc., d/b/a Heartbreakers ("A D"), filed a Third-Party Complaint against Third-Party Defendant T-K-G General Agency, Inc. On April 1, 2002, Defendant A D filed a Notice of Dismissal of its Third-Party Complaint against Third-Party Defendant T-K-G. In accordance with Federal Rules of Civil Procedure 41(a)(1)(i) and (c), the Court hereby DISMISSES WITHOUT PREJUDICE any and all of Defendant A D's Third-Party claims against Third-Party Defendant T-K-G only, without affecting any other claims pending in this action. Each party subject to this order is to bear its own taxable costs and expenses incurred herein to date.
This order shall hereby replace and supercede for any and all purposes the order issued on April 3, 2002 ("the April 3rd Order"), which dismissed A D's Third-Party Claim Against T-K-G with prejudice. The April 3rd Order is hereby rescinded.