Falcon v. CEMCO Inc et al

Filing 169

ORDER scheduling a status conference on April 18, 2013, at 9:00 a.m., if indemnity is not resolved before then. A joint motion to dismiss would be appreciated by the Court. Signed by Judge D. P. Marshall Jr. on 3/14/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

DARRIN FALCON
No. 4:10-cv-715-DPM

v.

CEM S.A.; MANCHESTER TANK &
EQUIPMENT CO; DOE CORPORATIONS No.5;
JOHN DOES 1-50; METAL FUSION, INC.;
NINGBO WANAN COMPANY LTD.; and
CINCINNATI INSURANCE COMPANY

DEFENDANTS

ORDER
The Court hoped to resolve the outstanding indemnity issue and close
this case by the end of February, but Manchester Tank and Falcon appear to
be at an impasse. Document Nos. 167 & 168. The Court will hold a status
conference with those two parties on 18 April 2013 at 9:00 a.m. if indemnity
is not resolved before then. The Court appreciates Falcon's attached January
letter about the Ningbo issues. The settlement on all issues except indemnity
should have been consummated by now. A joint motion to dismiss would be
appreciated.
So Ordered.

p~J!tfl
D.P. Marshall Jr.
United States District Judge

January 25, 2013

Hon. D. Price Marshall
United States District Judge
600 West Capitol, Room B155
Little Rock, AR 72201
Re:

Falcon v CEM SA, eta/
USDC, Eastern District of Arkansas, Case No. 4:10-cv-00715-DPM

Dear Judge Marshall:
In response to the Court's inquiry in the text entry of January 22, 2013 (Docket No. 166), there is
no need to assess damages against Ningbo Wanan. In the interest of a complete resolution of this
case, Plaintiff will dismiss his claim against Ningbo Wanan after the settlement is finalized. We
expect that to take place before the end of February, consistent with the Court's desire to resolve
the case by then.
Thank you for your time and concern.
Sincerely,

J.G. "Gerry" Schulze
Attorney at Law

Via Fax: [phone]
Charles L. Schlumberger
Joseph Wayne Price, II
Quattlebaum, Grooms, Tull & Burrow

Via Fax: [phone]
Scott M. Strauss
Jonathan Baker
Barber, McCaskill, Jones & Hale, P.A.

Via Fax: [phone]
Michael Vanderford
Anderson, Murphy & Hopkins

Cc:

Via Fax: [phone]
Patrick J. Goss
The Rose Law Firm

Via Fax: [phone]
Rick C. Quinlivan
Tredway, Lumsdaine & Doyle, LLP

708 West 2nd Street • PO Box 3887 • Little Rock, AR 72203 • Phone: [phone] • Toll Free: 855-HOLTLAW (855-465-8529) • Fax: [phone] • garyholtlaw.com

Gary !!9!!
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