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Sandoval v. Oldehoeft

United States District Court, D. Nebraska

February 13, 2014

LEONARD C. SANDOVAL, Plaintiff,
v.
CHAD E. OLDEHOEFT, LEONARD E. OLDEHOEFT, DORIS HALL, MURPHY GROUP, INC., an Oklahoma Corporation, a/k/a FW Murphy; and MURPHY INDUSTRIES, LLC, a/k/a FW Murphy, Defendants. CHAD E. OLDEHOEFT, Third-Party Plaintiff,
v.
MURPHY GROUP, INC., an Oklahoma Corporation, a/k/a FW Murphy; MURPHY INDUSTRIES, LLC, a/k/a FW Murphy; and MURCAL, INC., a California Corporation, f/k/a Murphy Safety Switch of California; and Does 1 through 10, Third-Party Defendants. NATIONAL RAILROAD PASSENGER CORPORATION, d/b/a AMTRAK, Plaintiff,
v.
CHAD E. OLDEHOEFT, LEONARD E. OLDEHOEFT, DORIS HALL, MURPHY GROUP, INC., an Oklahoma Corporation, a/k/a FW Murphy; and MURPHY INDUSTRIES, LLC, a/k/a FW Murphy, Defendants.

MEMORANDUM AND ORDER

RICHARD G. KOPF, Senior District Judge.

Plaintiff National Railroad Passenger Corporation, d/b/a Amtrak, and defendants Murphy Group, Inc., a/k/a FW Murphy, and Murphy Industries, LLC, a/k/a FW Murphy, have filed a joint Stipulation for Dismissal (Filing 201 in 4:12CV3129; Filing 118 in 8:13CV102), stipulating and jointly moving that Plaintiff National Railroad Passenger Corporation d/b/a Amtrak's claims against Defendants Murphy Group, Inc., a/k/a FW Murphy, and Murphy Industries, LLC, a/k/a FW Murphy, be dismissed with prejudice, each party to pay their own costs and attorney fees. I shall enter an order dismissing such claims.

I also note that on December 5, 2013, I issued an order dismissing various claims and stating that "the only remaining claims in the above-captioned cases are Sandoval and Amtrak's claims against Murphy Group, a/k/a FW Murphy and Murphy Industries." (Filing 198 in 4:12CV3129.) Since that date, Leonard C. Sandoval's claims against Murphy Group, Inc., a/k/a FW Murphy, and Murphy Industries, LLC, were dismissed with prejudice (Filing 200 in 4:12CV3129; Filing 117 in 8:13CV102), and this Memorandum and Order will dismiss Amtrak's claims against Murphy Group, a/k/a FW Murphy and Murphy Industries. It appears, then, that all claims between all parties have been dismissed from this action, and judgment may be entered accordingly. However, due to the numerous piecemeal notices, stipulations, and orders that have been entered dismissing various claims and parties in these cases (Filings 45, 120, 154, 156, 167, 172, 195, 196, 197, 198, 199, 200 in 4:12CV3129; Filings 71, 73, 84, 89, 112, 113, 114, 115, 116, 117 in 8:13CV102), I shall give the parties an opportunity to object before judgment is entered to ensure that no claims have been overlooked.

IT IS ORDERED:

1. Pursuant to the Stipulation for Dismissal (Filing 201 in 4:12CV3129; Filing 118 in 8:13CV102), Plaintiff National Railroad Passenger Corporation d/b/a Amtrak's claims against Defendants Murphy Group, Inc., a/k/a FW Murphy, and Murphy Industries, LLC, a/k/a FW Murphy, are dismissed with prejudice, each party to pay their own costs and attorney fees;

2. Because it appears that all claims against all parties have been dismissed, judgment dismissing Case Nos. 4:12CV3129 and 8:13CV102 shall be entered on February 24, 2014, prior to which time the parties may file objections to the entry of judgment. In the absence of such objections, judgment shall be entered without further notice.


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