Miller v. James et al

Filing 101

ORDER directing plaintiffs to respond to 96 Reply to Response to Motion filed by Sam Scales Marine of Stuttgart LLC no later than 5:00 p.m. on Wednesday, January 11, 2012. Signed by Judge Billy Roy Wilson on 1/3/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

WILLIAM A. MILLER, Individually
and as Administrator of the ESTATE of
MATTHEW TOLBERT MILLER, Deceased
v.

PLAINTIFFS

2:10-CV-00026-BRW
(LEAD CASE)

SAM SCALES MARINE OF STUTTGART, LLC
DEFENDANT
______________________________________________________________________________
CASSIDY ROBERTS and RHODES ROBERTS,
as Wrongful Death Beneficiaries of RODNEY
ROYCE ROBERTS, Deceased, BRAD CORNELISON,
and MCNEIL STANFORD
v.

PLAINTIFFS

3:10-CV-00092-BRW
(CONSOLIDATED CASE)

SAM SCALES MARINE OF STUTTGART, LLC

DEFENDANT

ORDER
The Plaintiffs are directed to respond to Defendant’s Reply to Plaintiff Miller’s Response
in Opposition to Defendant’s Motion for Judgement on the Pleadings and to Dismiss the
Negligence Cause of Action with Prejudice (Doc. No. 96). Specifically, the Plaintiffs should
address: (1) whether the Decedents had a maintainable cause of action at the time of their deaths,
and (2) whether the statute of limitations began running on the date the negligent act occurred or
on the date of injury.1 Plaintiffs should respond no later than 5:00 p.m. on Wednesday, January
11, 2012.
IT IS SO ORDERED this 3rd day of January, 2012
/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

See Ark. Code Ann. § 16-62-102(a)(1).