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

Filing 51

ORDER denying deft Cummins Inc's 36 Motion to Sever Claims and for Separate Trials. Signed by Judge Billy Roy Wilson on 3/7/11. (vjt)

Download PDF
JMAR Express Inc et al v. Peterbilt of Memphis Inc et al Doc. 51 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JMAR EXPRESS, INC. CHRISCAT LEASING, INC. VS. NO. 4:10-CV-01231-BRW PLAINTIFFS PETERBILT OF MEMPHIS, INC., PACCAR INC., CATERPILLAR INC., & CUMMINS INC. ORDER DEFENDANTS On this date, Defendant Cummins Inc.'s Motion to Sever Claims and For Separate Trials comes on for consideration wherein Plaintiffs appeared by and through their attorneys, John Belew and Laura Brissey; Defendant Cummins Inc. appeared by and through its attorney, Kevin M. Kuhlman; Defendant Caterpillar Inc. appeared by and though its attorney, M. Stephen Bingham, and the Court, being well and sufficiently advised in the law and the facts, finds: Defendant Cummins Inc. filed a Motion to Sever Claims and For Separate Trials pursuant to Fed R. Civ. P. 20(a). Rule 20 provides that persons may be joined in one action as defendants if: (A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and any question of law or fact common to all defendants will arise in the action. (B) Fed. R. Civ. P. 20. The requirements of Rule 20 are satisfied in this case, so Defendant Cummins Inc.'s Motion to Sever Claims and for Separate Trials is DENIED. IT IS SO ORDERED this 7th day of March, 2011. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE Dockets.Justia.com

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?