Frazier v. Shelton and Tyrone Powe Logging et al

Filing 44

ORDER, Plf's 39 Motion to Dismiss Alabama River Woodlands, Inc. w/Prejudice is GRANTED as set out, & Alabama River Woodlands, Inc.'s 30 Motion for Judgment on the Pleadings is MOOT as set out. Signed by Chief Judge Callie V. S. Granade on 7/10/09. (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
)

LEO FRAZIER, as Administrator of the Estate of Manuel Dejesus Corado, deceased, Plaintiff, v. SHELTON and TYRONE POWE LOGGING, et al., Defendant.

) ) ) ) ) ) CIVIL ACTION NO. 09-0119-CG-N ) ) ) )

ORDER This matter is before the court on the motion of defendant, Alabama River Woodlands, Inc. ("ARW") for judgment on the pleadings or in the alternative for summary judgment (Doc. 30), and plaintiff's motion to dismiss defendant ARW with prejudice (Doc. 39). Plaintiff moves to dismiss Alabama Wood "pursuant to an agreement between plaintiff and ARW" and states that ARW's motion for judgment on the pleadings or for summary judgment "is well taken." (Doc. 39). After review of the motions, the court finds ARW is due to be dismissed. Plaintiff's motion to dismiss Alabama River Woodlands, Inc. with prejudice (Doc. 39) is hereby GRANTED and ARW's motion for judgment on the pleadings or in the alternative for summary judgment (Doc. 30) is therefore MOOT. DONE and ORDERED this 10th day of July, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE