DAKOTA TRUCK UNDERWRITERS v. ANNETT HOLDINGS, INC. (D.S.D. 12-3-2007)

LAWRENCE PIERSOL, Chief District Judge

Pending before the Court is a Stipulation for Dismissal of Counterclaim Pursuant to Fed.R.Civ.P. 41(a)(1) and (c), Doc. 41, in which both parties stipulate and agree that the Defendant's Counterclaim against the Plaintiff may be dismissed without prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(ii) and Fed.R.Civ.P. 41(c). After consideration of the Stipulation, together with the file in this matter,

IT IS ORDERED:

1. That the Stipulation for Dismissal of Counterclaim Pursuant to Fed.R.Civ.P. 41(a)(1) and (c), Doc. 41, is approved and the Counterclaim of Defendant may be dismissed without prejudice.