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)

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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: (501) 379-3862 Charles L. Schlumberger Joseph Wayne Price, II Quattlebaum, Grooms, Tull & Burrow Via Fax: (501) 375-2802 Scott M. Strauss Jonathan Baker Barber, McCaskill, Jones & Hale, P.A. Via Fax: (501) 372-7706 Michael Vanderford Anderson, Murphy & Hopkins Cc: Via Fax: (501) 375-1309 Patrick J. Goss The Rose Law Firm Via Fax: (866) 831-7302 Rick C. Quinlivan Tredway, Lumsdaine & Doyle, LLP 708 West 2nd Street • PO Box 3887 • Little Rock, AR 72203 • Phone: 501-372-0266 • Toll Free: 855-HOLTLAW (855-465-8529) • Fax: 501-688-7741 • garyholtlaw.com Gary !!9!! ATTORNEYS AT Hasi~Hr :~=~S-1-:::L.~SS' f/_~~L $00,45Q. Law Z!P 7220·1 PO Box 3887 Little Rock, AR 72203 011D'l '!625074 Jl IHJfl. u . .r;:-1cc ;·.-u:nsiiaU ~ - ' . • United States District Judg~.:: 600 West Capi~ol, Room B155 LitLle R:;~k, ,., i~ 7220 l "?2~?.::::: i :±:~~3~!:!S ::::::c} i 'I iii nii'l iu;i ili ijjlliijp ijj' 'i' i uiii1 jpij 1 iii i iii' ii 1 11i li

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