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)

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

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