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)

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