Falcon v. CEMCO Inc et al

Filing 75

ORDER denying as moot 61 Motion for Reconsideration ; granting 62 Motion for Relief; denying as moot 69 Motion to Stay; granting 73 Motion to Approve/Approval, as amended. Falcon's oral motion for leave to amend is also granted. Signed by Judge D. P. Marshall Jr. on 7/8/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

DARRIN FALCON
v.

PLAINTIFF
Case No. 4:10-cv-715-DPM

CEM S.A.; MANCHESTER TANK &
EQUIPMENT COMPANY; DOE
CORPORATIONS 3-5; JOHN DOES
1-50; METAL FUSION, INC.; and
YOUNGDO IND. COMPANY LTD.

CEM S.A.

DEFENDANTS

THIRD-PARTY PLAINTIFF

v.
CINCINNATI
INSURANCE COMPANY

THIRD-PARTY DEFENDANT

MANCHESTER TANK &

EQUIPMENT COMPANY

CROSS CLAIMANT

v.

CROSS DEFENDANT

CEM S.A.

ORDER
For the reasons stated on the record at the 7 July 2011 hearing: Falcon's
motion for reconsideration, Document No. 61, is denied as moot; CEM S.A.'s

motion for relief, Document No. 62, is granted: the depositions of CEM S.A.
representatives should proceed as planned and agreed by video conference;
CEM S.A.'s motion to stay its cross-claim and compel arbitration, Document
No. 69, is denied as moot; and CEM S.A. and Manchester's joint motion for

resolution, Document No. 73, is granted as amended: the evidentiary issues
about indemnity are held in abeyance pending the close of discovery.
Falcon's oral motion for leave to amend is also granted. Falcon may amend
his complaint by adding Cincinnati Insurance Company and naming either
or both of the other potentially responsible parties after the invasive testing
is completed.
So Ordered.

D.P. Marshall Jr.

United States District Judge

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