Willingham v. A.W. Chesterton Company et al

Filing 40

ORDER GRANTING in part & DENYING in part Plf's 30 Motion to Dismiss w/o Prejudice & Transfer to "Bankruptcy Only" Docket. Motion is GRANTED w/respect to dismissal of the case w/o prejudice, & DENIED as to Plf's request that it be transferred to the "Bankruptcy Only" docket as set out. Plf's claims against A.W. Chesterton Company, CBS Corporation, Crown Cork & Seal Company, Inc., Crown Holdings, Inc., Georgia-Pacific, LLC, Honeywell International, Inc. Metropolitan Life Insurance Company, & Sepco Corporation are DISMISSED W/O PREJUDICE. Each party to bear her/its own costs. Signed by Judge Callie V. S. Granade on 4/2/2012. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
JOYCE MOORE WILLINGHAM,
Administratrix of the Estate of
JESSE ODELL WILLINGHAM,
Deceased,
Plaintiff,
vs.
A. W. CHESTERTON COMPANY,
et al.,
Defendants.

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) CIVIL ACTION NO. 12-0036-CG-N
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ORDER

Upon due consideration of the plaintiff’s motion for dismissal of this case
without prejudice and that it be transferred to the “Bankruptcy Only” docket (Doc.
30), and the responses filed by defendants Georgia-Pacific, LLC (Doc. 37) and
Metropolitan Life Insurance Company (Doc. 38), and as no other defendant named
in the plaintiff’s complaint has filed an objection to dismissal of this action without
prejudice, the plaintiff’s motion is hereby GRANTED with respect to dismissal of
the case without prejudice. Plaintiff’s request that the case be transferred to the
“Bankruptcy Only” docket, and anything that could be construed as a request for
conditions upon the terms of dismissal are hereby DENIED.
It, therefore, is ORDERED, ADJUDGED, and DECREED that the
plaintiff’s claims against A. W. Chesterton Company, CBS Corporation, Crown Cork
& Seal Company, Inc., Crown Holdings, Inc., Georgia-Pacific, LLC, Honeywell

International, Inc., Metropolitan Life Insurance Company, and Sepco Corporation
are hereby DISMISSED WITHOUT PREJUDICE.1 Each party shall bear her or
its own costs.
DONE and ORDERED this 2nd day of April, 2012.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

1

Plaintiff’s claims against Warrior 1-Stop Building Supply were dismissed with prejudice by order of
Circuit Judge Eddie Hardaway of the Circuit Court of Marengo County, Alabama dated January 17, 2012.
Plaintiff’s claims against General Electric Company were dismissed with prejudice as of March 12, 2012, by order
of this court dated March 5, 2012 (Doc. 35).

2