Bell et al v. Mine Safety Appliances Company et al

Filing 243

ORDER vacating 208 Default Judgment; vacating 206 Order on Motion for Default Judgment; denying 200 Motion for Default Judgment; vacating 215 Order on Motion to Vacate; granting 209 MOTION to Vacate Judgment Under Rule 60(b)(4). Signed by Honorable Susan O. Hickey on November 16, 2018. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION VICKIE BELL; PHILLIP B. BELL, JR.; and JONATHAN BELL v. PLAINTIFFS Case No. 1:13-cv-1075 MINE SAFETY APPLIANCES; RUEMELIN MANUFACTURING COMPANY, INC.; PULMOSAN SAFETY EQUIPMENT CORPORATION; CLEMCO INDUSTRIES, INC.; and JOHN DOES 1-7 DEFENDANTS ORDER In accordance with the Eighth Circuit’s opinion in Bell v. Pulmosan Safety Equipment Corporation, 906 F.3d 711 (2018), the Court finds that it lacks jurisdiction over Defendant Pulmosan Safety Equipment Corporation (“Pulmosan”). Accordingly, the Judgment (ECF No. 208) of August 29, 2016, is void and VACATED. Likewise, the order granting Plaintiffs’ Motion for Default Judgment (ECF No. 206) is hereby VACATED and Plaintiffs’ Motion for Default Judgment (ECF No. 200) is DENIED. Furthermore, the order denying Pulmosan’s Motion to Vacate Judgment Under Rule 60(b)(4) (ECF No. 215) is VACATED and Pulmosan’s Motion to Vacate Judgment Under Rule 60(b)(4) (ECF No. 209) is GRANTED. IT IS SO ORDERED, this 16th day of November, 2018. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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