Russell v. Motorola Inc Mobile Business Devices et al

Filing 21

ORDER granting 13 Motion to Dismiss Parties. Defts Dorothy Hodges, Susan Kane, Matthew Quigley and John Martens are dismissed without prejudice for failure to state a claim. Signed by Judge D. P. Marshall Jr. on 2/15/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

LARRY CRAIG RUSSELL

v.

PLAINTIFF

No.4:11-cv-764-DPM

MOTOROLA, INC. MOBILE
BUSINESS DEVICES; DOROTHY
HODGES; SUSAN KANE; MATTHEW
QUIGLEY; JOHN MARTENS; and
RUSSELL CELLULAR-VERIZON

DEFENDANTS

ORDER
The individual defendants' motion to dismiss is granted. Russell's pro

se complaint makes no allegation that Hodges, Kane, Quigley, or Martens
were involved in designing, making, or selling the allegedly defective
telephone. Russell says, Document No. 16, that he needs these individuals'
testimony to make his case at trial. Fine. A person may be a witness in a case
without being a party to the case. The Court urges Russell to review the
Federal Rules of Civil Procedure because he must follow them. E.g., FED. R.
CN. P. 32 (on using depositions in court proceedings).
Motion, Document No. 13, granted. All Russell's claims against Dorothy
Hodges, Susan Kane, Matthew Quigley, and John Martens are dismissed

without prejudice for failure to state a claim. The Court directs the Clerk to
terminate all these individuals as parties.
So Ordered.

D.P. Marshall Jr. /}/
United States District Judge

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