Tribuilt Construction Group, LLC v. International Fidelity Insurance Company

Filing 67

ORDER granting 66 MOTION to Dismiss Case filed by International Fidelity Insurance Company. It is further order that this case be Administratively Terminated without prejudice, as set forth. Signed by Honorable P. K. Holmes, III on August 26, 2013. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TRIBUILT CONSTRUCTION GROUP, LLC v. PLAINTIFF No. 2:10-cv-02052 INTERNATIONAL FIDELITY INSURANCE COMPANY ALAN M. HARRISON; GAYE P. HARRISON; JOSEPH E. MARRONE; STACY M. MARRONE; and SOUTHLAND ENTERPRISES, LLC DEFENDANT THIRD-PARTY DEFENDANTS ORDER The Court entered an Amended Judgment and Order (Doc. 65) in this case on June 14, 2011. As a result of that Order, the only claims which remained pending in this case were the claims of Defendant and Third-Party Plaintiff, International Fidelity Insurance Company, (“IFIC”) against Third-Party Defendants Joseph E. And Stacy M. Marrone (“the Marrones”). IFIC’s claims against the Marrones were stayed pending resolution of the Marrones’ bankruptcy. Currently before the Court is IFIC’s motion (Doc. 66) to administratively terminate this case. The motion states that the Marrones’ bankruptcy has been completed and that the Marrones have received a discharge. IFIC requests that this action, therefore, be administratively terminated. It appears to the Court that administrative termination of this case would be equivalent to a dismissal, as it appears that all issues have been resolved. However, to the extent that there may be some remaining unresolved issues stemming from the Marrones’ bankruptcy proceeding, the Court will order that this matter be administratively terminated. IT IS THEREFORE ORDERED that IFIC’s motion (Doc. 66) to administratively terminate this case is GRANTED. IT IS FURTHER ORDERED that this case be ADMINISTRATIVELY -1- TERMINATED without prejudice to the right of IFIC or the Marrones to reopen the proceedings, if necessary, to resolve any issues that might remain in controversy. IT IS SO ORDERED this 26th day of August, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -2-

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