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)

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

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