Indigo LR LLC et al v. Whitwell et al

Filing 78

ORDER finding as moot 66 Motion for Summary Judgment; granting 75 Motion to Dismiss; dismissing pltfs' claims against Stephen Whitwell, without prejudice; and granting 76 Motion for Order for leave to take Eugene Cauley's deposition. Signed by Judge D. P. Marshall Jr. on 4/27/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION INDIGO LR LLC and CHRIS EAKIN, on behalf of himself and others similarly situated v. PLAINTIFFS No.4:10-cv-1657-DPM STEPHEN WHITWELL; ADVANCED INSURANCE BROKERAGE OF AMERICA INC., a/k/a Advanced Inusrance Administration; MATT LILE; and EMPLOYERS CHOICE HEALTH PLAN DEFENDANTS ORDER Unopposed motion to dismiss, Document No. 75, granted. Indigo and Eakin's claims against Stephen Whitwell are dismissed without prejudice; and Whitwell's motion for summary judgment, Document No. 66, is denied as moot. Motion for leave to take Eugene Cauley's deposition, Document No. 76, is also granted. S~tes FED. R. CIV. P. 30(a)(2)(B). Cauley is an inmate at the United Penitentiary in Pollock, Louisiana; his BOP registration number is 62348-054; and he is not a party to this case. Thus, if Indigo and Eakin require a subpoena or any relief arising out of Cauley~s deposition, they will have to seek it in the district where the deposition is being taken. FED. R. Cw. P. 37 & 45. So Ordered. D.P. Marshall Jr. United States District Judge r -2­ :

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