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)

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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 IS 7elnvcVlY;W/ -2­ J­

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