First State Insurance Company et al v. Pulmosan Safety Equipment Corporation et al

Filing 50

ORDER granting 49 Motion to Dismiss Party; United States Trust Company of NY is dismissed with prejudice; United States Trust Company of NY Motion to Dismiss 44 is denied as moot. Signed by Honorable Susan O. Hickey on November 9, 2017. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
FIRST STATE INSURANCE
COMPANY and NEW ENGLAND
REINSURANCE CORPORATION
v.

PLAINTIFFS
Case No. 1:17-cv-1039

PULMOSAN SAFETY EQUIPMENT
CORPORATION; VICKIE BELL;
JONATHAN BELL; PHILLIP B.
BELL, JR.

DEFENDANTS

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

THIRD-PARTY PLAINTIFFS

v.
UNITED STATES TRUST COMPANY
OF NY; et al.; et al.

THIRD-PARTY DEFENDANTS
ORDER

Before the Court is the Motion to Dismiss With Prejudice Third-Party Defendant, Bank of
America, N.A., filed by Third-Party Plaintiffs Vickie Bell; Jonathan Bell; and Phillip B. Bell, Jr.
(collectively, the “Bells”). (ECF No. 49). The Bells indicate that they do not wish to pursue any
action against Third-Party Defendant Bank of America, N.A., and ask the Court to dismiss the
third-party claims against it. 1
Although the Bells do not state which Rule of Civil Procedure they move under for
dismissal, the Court will construe the instant motion as a motion for voluntary dismissal under
Federal Rule of Civil Procedure 41. Rule 41 provides in part that an action may be dismissed by

1

The Court notes that Bank of America does not appear in the case caption as a named party, but filings in this case
indicate that it is the successor-by-merger to Third-Party Defendant United States Trust Company of NY. For clarity,
the Court will refer to Bank of America by the name it is referred to in the case caption: United States Trust Company
of NY.

court order at a plaintiff’s request, on terms the court considers proper. Fed. R. Civ. P. 41(a)(2).
Upon consideration, the Court finds that good cause has been shown for the motion.
Accordingly, the Bells’ motion (ECF No. 49) is hereby GRANTED. The Bells’ third-party claims
against United States Trust Company of NY are hereby DISMISSED WITH PREJUDICE. In
light of this Order, United States Trust Company of NY’s pending motion to dismiss (ECF No.
44) is hereby DENIED AS MOOT.
IT IS SO ORDERED, this 8th day of November, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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