Montize et al v. Pittman Properties et al

Filing 239

MEMORANDUM OPINION AND ORDER granting 238 Motion to Dismiss Party; Defendants, Pittman Properties Limited Partnership #1, D&M Pittman, Incorporated and Mickey H Pittman are dismissed with prejudice. Signed by Honorable Robert T. Dawson on August 22, 2011. (cnn)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION

ARCELIA MUNIZ, EVENCIO GARCIA, and
AGUSTIN GARCIA GONZALEZ,

PLAINTIFFS

v.
PITTMAN PROPERTIES LIMITED PARTNERSHIP #1,
D&M PITTMAN, INC., DAWOOD AYDANI, and
MICKEY H. PITTMAN
and

DEFENDANTS

Case No. 1:07-CV-1073

PITTMAN NURSERY CORPORATION

CROSS-PLAINTIFF

v.
PITTMAN PROPERTIES LIMITED PARTNERSHIP #1,
D&M PITTMAN, INC., DAWOOD AYDANI,
MICKEY H. PITTMAN, LYNN AYDANI,
and LAWANDA JONES

CROSS-DEFENDANTS

Memorandum Opinion and Order
Before the Court is Plaintiffs’ Unopposed Motion to Dismiss
certain Defendants from certain causes of action (Doc. 238).

This

Motion is hereby GRANTED, and Defendants Pittman Properties Limited
Partnership #1, D&M Pittman, Inc., and Mickey H. Pittman (Ketchum)
are hereby dismissed with prejudice from:
1.

Plaintiffs’ first cause of action, paragraphs one (1)

through four (4) of Plaintiffs’ Second Amended Complaint (Doc.
132), based upon alleged violations of the Fair Labor Standards Act
and related Arkansas law codified at Ark. Code Ann. § 11-4-210;

2.

Plaintiffs’ fourth cause of action, paragraphs fifteen

(15) and sixteen (16) of Plaintiffs’ Second Amended Complaint (Doc.
132), identified as “Arkansas Statutory claims”; and
3.
(17)

Plaintiffs’ fifth cause of action, paragraphs seventeen

through

Complaint

twenty-six

(Doc.

132),

(26)
based

of

Plaintiffs’

upon

Second

allegations

of

Amended
Negligent

Supervision.
Trial
September

of

this

matter

26, 2011.

The

is

currently

following

set

claims

for

the

remain

week

for

of

trial:

Plaintiffs’ second and third causes of action against Defendants
Pittman Properties Limited Partnership #1, D&M Pittman, Inc., and
Mickey H. Pittman (Ketchum); Plaintiffs’ first, second, third, and
fourth causes of action against Defendant Dawood Aydani; and CrossPlaintiff

Pittman

Nursery

Corporation’s

Cross-claims

1-2

(as

amended by order of the Court, Doc. 230), 3-7, and 9-11 against
Cross-Defendants Pittman Properties Limited Partnership #1, D&M
Pittman, Inc., Dawood Aydani, Mickey H. Pittman (Ketchum), Lynn
Aydani, and Lawanda Jones.
It is so ORDERED this 22nd day of August 2011.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

2