Lin v. Beavers et al

Filing 64

ORDER granting 25 Motion to Dismiss, or in the alternative, Motion for Summary Judgment; granting 32 Motion for Summary Judgment. Plaintiff's claims against Defendants Dyron Beavers and Hi-Tech Testing Service, Inc., are dismissed without prejudice. Signed by Honorable Harry F. Barnes on September 14, 2009. (cap)

IN THE UNITED STATE DISTRICT COURT WE ST E R N DISTRICT OF ARKANSAS T E X A R K A N A DIVISION

C H E N HAIN LIN

PLAINTIFF

V S.

C A SE NO. 08-CV-4033

D Y R O N BEAVERS and H I-T E C H TESTING SERVICE, INC. IN D E M N IT Y INSURANCE C O M PA N Y OF NORTH AMERICA

DEFENDANTS

INTERVENOR PLAINTIFF

ORDER B efore the Court are two motions: a Motion to Dismiss filed by Separate Defendant Dyron B eavers1 and a Motion for Summary Judgment filed by Separate Defendant Hi-Tech Testing Service, In c. ("Hi-Tech"). (Docs. 25 and 32). Plaintiff has responded to both motions. (Doc. 35 and 36). For reasons discussed in the Memorandum Opinion of even date, Separate Defendant Dyron Beavers' M otion to Dismiss should be and hereby is GRANTED and Separate Defendant Hi-Tech Testing Service, Inc.'s Motion for Summary Judgment is GRANTED. Plaintiff's claims against Defendants D yron Beavers and Hi-Tech Testing Service, Inc., are dismissed without prejudice. IT IS SO ORDERED, this 14th day of September, 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes U nited States District Judge
1

Plaintiff incorrectly named Defendant Dyron Beavers as "Darren Beavers" in the complaint. D efe ndant stated in his answer that his correct name is Dyron Beavers. Because this opinion involves a motion to dismiss and a motion for summary judgment, the Court will assume as true all fa ctual allegations contained in the complaint and will examine the facts in a light most favorable to Plaintiff.