Stringfellow v. Southfork Bay Development Group LLC
Filing
51
ORDER re 50 Stipulation of Dismissal filed by Rickey Stringfellow, Southfork Bay Development Group LLC, Carl Samuels, Kathleen Samuels, the parties have up to and including five days from the entry of this Order to file a notice regarding the status of claims against separate defts Horton and John Cunningham Enterprises. Signed by Judge Susan Webber Wright on 10/13/11. (vjt)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
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RICKEY STRINGFELLOW,
Plaintiff
VS.
SOUTHFORK BAY DEVELOPMENT
GROUP, LLC
Defendant
NO: 4:08CV00575 SWW
ORDER
Plaintiff Rickey Stringfellow (“Stringfellow”) brings this action pursuant to Title III of
the Americans with Disabilities Act (“ADA”) against Carl and Kathleen Samuels, Southfork
Bay Development Group, LLC (“Southfork”), and John Cunningham Enterprises. The
complaint also names Horton Construction and Development, Inc. (“Horton”) as a defendant;
however, Horton has not entered an appearance, and it appears that Horton has never been
served a copy of the complaint and summons.
Before the Court is a joint stipulation of dismissal by Stringfellow and separate
defendants Southfork, Carl Samuels, and Kathleen Samuels, requesting an order "dismissing
Defendants Southfork . . . and Carl and Kathleen Samuels." Docket entry #50. The stipulation
contains no information regarding claims against separate defendants John Cunningham
Enterprises and Horton.
IT IS THEREFORE ORDERED that Plaintiff and separate defendants Southfork and
Carl and Kathleen Samuels have up to and including five (5) days from the entry date of this
order in which to file notice regarding the status of claims against separate defendants Horton
and John Cunningham Enterprises.1
IT IS SO ORDERED THIS 13TH DAY OF OCTOBER, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT COURT
1
Based on the parties' joint stipulation, it appears that Stringfellow's claim against John
Cunningham Enterprises remains active but that separate defendants' cross claim against John
Cunningham Enterprises is now moot. It also appears that Horton should be dismissed as a party
pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.
2
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