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Green v. Sunset Financial Services, Inc.

United States District Court, Eighth Circuit

August 20, 2013

WILLIAM GREEN AND JOANN GREEN, Plaintiffs,
v.
SUNSET FINANCIAL SERVICES, INC., and BRYAN S. BEHRENS, Defendants.

ORDER

JOHN M. GERRARD, District Judge.

This matter is before the Court on the stipulation and joint motion for dismissal with prejudice (filing 361) of William Green's claims against Sunset Financial Services. That motion will be granted.

With the dismissal of William Green's claims against Sunset, no claims remain pending in this case. Sunset's counterclaim against William Green was severed by the bankruptcy court pursuant to Fed.R.Bankr.P. 7021 and Fed.R.Civ.P. 21, and remains pending in the bankruptcy court. Filings 240 and 242. But because it was severed pursuant to Rule 21, it proceeds in a discrete, independent action, and it is the Court's duty to render final judgments on the claims before it. See E.S. v. Indep. Sch. Dist., 135 F.3d 566, 568 (8th Cir. 1998). Accordingly, the Court will close this case and render final judgment under Fed.R.Civ.P. 58(a).

IT IS ORDERED:

1. The motion for dismissal with prejudice (filing 361) is granted.
2. William Green's claims against Sunset Financial Services are dismissed with prejudice.
3. All claims having been dismissed, this case is closed.
4. A separate judgment will be entered.

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