Elliott Electric Supply Inc v. LRE/Royal Electric LLC et al

Filing 70

ORDER pursuant to 69 Stipulation of Dismissal, Employers Mutual Casualty Company's 14 Complaint and 47 Amended Complaint against third party defendants Willie D. Godwin, Brenda J. Godwin, Lawrence Dean Wallace, and Marilyn K. Wallace are dismissed without prejudice.Each party will bear its own costs and attorney's fees. The remaining parties may proceed according to 40 Scheduling Order. Signed by Chief Judge Brian S. Miller on 8/12/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ELLIOTT ELECTRIC SUPPLY, INC.
v.

PLAINTIFF

CASE NO. 3:12CV00146 BSM

LRE/ROYAL ELECTRIC, LLC
d/b/a LRE Royal Electric, LLC et al.

DEFENDANTS

EMPLOYERS MUTUAL CASUALTY CO.

CROSS-CLAIMANT

v.
LRE/ROYAL ELECTRIC, LLC
d/b/a LRE Royal Electric, LLC et al.

CROSS-DEFENDANT

EMPLOYERS MUTUAL CASUALTY CO.

THIRD PARTY PLAINTIFF

v.
LAWRENCE DEAN WALLACE et al.

THIRD PARTY DEFENDANTS

ORDER
Pursuant to the parties’ joint stipulation of dismissal [Doc. No. 69], third-party
plaintiff Employers Mutual Casualty Company’s (“EMCC”) complaint [Doc. No. 14] and
amended complaint [Doc. No. 47] against third-party defendants Willie D. Godwin, Brenda
J. Godwin, Lawrence Dean Wallace, and Marilyn K. Wallace are dismissed. EMCC’s claim
to be indemnified for the amount it paid to plaintiff Elliot Electric Supply, Inc. pursuant to
its payment bond, is dismissed with prejudice. All of EMCC’s remaining claims against
Willie D. Godwin, Brenda J. Godwin, Lawrence Dean Wallace, and Marilyn K. Wallace, are
dismissed without prejudice. Each party will bear its own costs and attorney’s fees.

The remaining parties may proceed according to the scheduling order [Doc. No. 40].

IT IS SO ORDERED this 12th day of August 2013.

________________________________
UNITED STATES DISTRICT JUDGE

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