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)

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
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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

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