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Contract: Recovery of Overpayment & Enforcement of Judgment | Texas Northern
Order on Motion to Compel
ELECTRONIC ORDER: Pursuant to the referral of the presiding district judge, Doc. 47, Plaintiff's Motion to Compel, Doc. 46 , is before the undersigned magistrate judge for determination. Subsequent to the motion's filing, the Court granted the Joint Motion to Dismiss submitted by Plaintiff and Defendant Valentino F. DiGiorgio, III, dismissing all claims and counterclaims as to Defendant DiGiorgio and thereby rendering moot the instant motion. Consequently, Plaintiff's Motion to Compel, Doc. 46 , is TERMINATED AS MOOT.
(Ordered by Magistrate Judge Renée Harris Toliver on 12/3/2025) (Magistrate Judge Renée Harris Toliver)
Order on Motion to Dismiss
ELECTRONIC ORDER:
Before the Court is Plaintiff SSCP Restaurant Investors, LLC's ("SSCP") and Defendant Valentino F. DiGiorgio, III's ("DiGiorgio") Joint Motion to Dismiss (the "Joint Motion") (Doc. No. 51). SSCP and DiGiorgio, the only responsive Defendant in this case, have resolved their claims against each other. Doc. No. 1 at 1. Accordingly, they request that the Court dismiss such claims without prejudice. Id. DiGiorgio and counsel for Plaintiff both signed the Joint Motion. See id. at 2.
Having carefully considered the Joint Motion, the Court GRANTS dismissal of SSCP's claims against DiGiorgio and DiGiorgio's counterclaims against SSCP. SSCP and DiGiorgio's claims against each other are hereby dismissed WITHOUT prejudice. All costs incurred are borne by the party incurring the same.
(Ordered by Judge Ed Kinkeade on 11/12/2025) (chmb)
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