Plummer et al v. Terex Corporation et al

Filing 33

ORDER granting 25 Motion for Summary Judgment and dismissing all claims against Godberson-Smith Construction Company with prejudice. Signed by Judge D. P. Marshall Jr. on 2/14/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JOHN PLUMMER and DEZIRIE PLUMMER v. PLAINTIFFS No. 2:12-cv-192-DPM TEREX CORPORATION; TEREX USA, LLC; TEREX UTILITIES, INC.; TEREX SOUTH DAKOTA, INC., ffk/a TEREX-TELECT; MRT MANUFACTURING, INC. dfb/a and tfa FORESTRY EQUIPMENT OF VIRGINIA; FORMERLY FORESTRY, INC.; GODBERSONSMITH CONSTRUCTION COMPANY, dfb/a GOMACO CORPORATION; and JOHN DOES 1-10 DEFENDANTS ORDER Godberson-Smith Construction Company moves for summary judgment because it is in the lawsuit only as the owner of a component-part manufacturer. Document No. 32. The papers reveal a miscommunication about the manufacturer's name; the parties assumed it was ,Bobalee Hydraulics, Inc.," when the correct entity was ,Bobalee, Inc." Document No. 32, at 1. The Plummers do not oppose dismissing the manufacturer's corporate owner. Document No. 29, at 2-3. The motion for summary judgment, Document No. 32, is therefore granted. All claims against Godberson-Smith Construction Company are dismissed with prejudice. The Court applauds the parties' concise and collegial briefs. So Ordered. v D.P. Marshall Jr. United States District Judge IY f:dn~ :J- 013 -2-

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