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)

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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 -2­

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