Free Order - District Court of Delaware - Delaware

Case 1:04—cv—01530-JJF Document 41 Filed 10/30/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHN S. SHIPLEY, :
Plaintiff, :
v. : Civil Action No. 04-1530-JJF
B&F TOWING COMPANY and :
OWNERS, 448 Airport Rd., New :
Castle, DE 19720; VERNE :
ORNDOFF; NEW CASTLE COUNTY, :
DEPARTMENT OF LAND USE, :
OFFICE OF CODE ENFORCEMENT, :
87 Reads Way, Corporate :
Commons, New Castle, DE 19720;:
STATE OF DELAWARE, JUSTICE OF :
THE PEACE COURT 11, :
61 Christiana Road, :
New Castle, DE 19720; :
Defendants. :
O R D E R
WHEREAS, Defendant B&F Towing Company filed a Motion To
Dismiss John S. Shipley’s Amended Complaint (D.I. 40) requesting
the Court to (1) dismiss B&F Towing (“B&F”) from this action
consistent with the Court’s previous decision granting summary
judgment in favor of B&F, and (2) require Plaintiff to pay
attorneys’ fees and costs incurred by B&F in connection with
filing the Motion;
WHEREAS, Plaintiff has failed to file a response to the
MOtiOn;
WHEREAS, the Court has previously granted summary judgment
in favor of B&F (D.I. 31, 32), entered final judgment in favor of
B&F and against Plaintiff on all of Plaintiff’s claims (D.I. 33),

Case 1:04—cv—01530-JJF Document 41 Filed 10/30/2006 Page 2 of 2
and denied Plaintiff's request for reconsideration of the Court’s
orders (D.I. 37);
WHEREAS, the Court allowed Plaintiff to amend his Complaint
finding that an amendment to the Complaint would not prejudice
B&F (D.I. 36 at 2), because the Court already granted summary
judgment as to B&F;
WHEREAS, the Amended Complaint has not altered the Court’s
previous conclusions;
NOW THEREFORE, IT IS HEREBY ORDERED that:
l. Defendant B&F Towing Company’s Motion To Dismiss John
S. Shipley’s Amended Complaint (D.I. 40) is GRANTED to the extent
that dismissal of B&F Towing Company is sought, and DENIED to the
extent that attorneys’ fees and costs are sought in connection
with the Motion.
2. The Amended Complaint is DISMISSED with prejudice as to
Defendant B&F Towing Company.
october BU, 2006 » /`%jM°t“*fM-~
DATE Um?\ED `·ATE‘ DISTRICT IDGE