JMAR Express Inc et al v. Peterbilt of Memphis Inc et al

Filing 25

ORDER granting 17 Motion to Dismiss and dismissing plaintiffs' claims against Cummins Mid-South, LLC without prejudice. Signed by Judge William R. Wilson, Jr on 10/12/10. (bkp)

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JMAR Express Inc et al v. Peterbilt of Memphis Inc et al Doc. 25 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JMAR EXPRESS, INC., et al. v. 4:10CV01231-WRW DEFENDANTS ORDER Pending is Defendant Cummins Mid-South, LLC's Motion to Dismiss (Doc. No. 17) under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiffs respond that they "do not object to the dismissal of Cummins Mid-South, LLC as a defendant in this case, at this time."1 Accordingly, the Motion is GRANTED, and Plaintiffs' claims against Cummins MidSouth, LLC are DISMISSED without prejudice. IT IS SO ORDERED this 12th day of October, 2010. PLAINTIFFS PETERBILT OF MEMPHIS, INC., et al. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE 1 Doc. No. 24.

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