Bell et al v. Mine Safety Appliances Company et al

Filing 36

ORDER granting Plaintiffs' 34 Motion to Dismiss Party. Claims against Separate Defendant Clemco Industries, Inc. are DISMISSED WITHOUT PREJUDICE. Clemco remains a party to this action because Defendant Mine Safety Appliances Company has asserted a cross-claim against Clemco. Signed by Honorable Susan O. Hickey on April 3, 2015. (See Order for specifics.)(mfr)

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

VICKIE BELL, PHILLIP B. BELL, JR.
and JONATHAN BELL

VS.

PLAINTIFFS

CASE NO. 1:13-CV-01075

MINE SAFETY APPLIANCES
COMPANY, et al.

DEFENDANTS

ORDER
Before the Court is Plaintiffs’ Motion to Dismiss Without Prejudice Separate Defendant
Clemco Industries, Inc. (“Clemco”). (ECF No. 34). Plaintiffs no longer wish to pursue their
claims against Clemco. They ask that Clemco be dismissed without prejudice and each party be
responsible for its own costs. Clemco has not responded and the time for doing so has expired.
Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the Court finds that
Plaintiffs’ claims against Clemco should be and hereby are DISMISSED WITHOUT
PREJUDICE.

Clemco remains a party to this action because Defendant Mine Safety

Appliances Company has asserted a cross-claim against Clemco.
IT IS SO ORDERED, this 3rd day of April, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge