BMO Harris Bank NA v. RAD Transportation LLC et al

Filing 52

ORDER granting 38 Karla Bright's objections construed as a motion to intervene. BMO Harris's 44 Third Party Complaint is re-designated as a cross-claim. The Clerk should update the docket. 41 Motion to Dismiss and 46 Objections are denied without prejudice as moot. The Court will hold a bench trial on all disputed issues on 10/1/2018. Until then, Wagner's installment payments should be deposited into the registry of this Court. A Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 6/7/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BMO HARRIS BANK NA

v.

PLAINTIFF/
CROSS-CLAIMANT

No. 3:16-cv-272-DPM

RAD TRANSPORTATION LLC and
CHARLES S. BRIGHT
KARLA BRIGHT

DEFENDANTS
INTERVENOR/
CROSS-DEFENDANT

TOMMY WAGNER, JR. and TOMMY W.
WAGNER FARMS LLC

GARNISHEES

ORDER
For the reasons stated on the record at the 7 June 2018 hearing, the
Court made the following rulings. Karla Bright's objections, NQ 38, are
construed as a motion to intervene; and that motion is granted. BMO
Harris' s third-party complaint, NQ 44, is re-designated as a cross-claim.
The Clerk should update the docket. Wagner's motion to dismiss,
NQ 41, and BMO Harris' s objections, NQ 46, are denied without prejudice

as moot. The Court will hold a bench trial on all disputed issues on
1 October 2018. Until then, Wagner's installment payments should be
deposited into the registry of this Court. A Scheduling Order will issue.

The Court will consider BMO Harris' s oral motion for a creditor's bill
and file an Order in due course.
So Ordered.
D.P. Marshall Jf
United States District Judge

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