Ash Grove Cement Company v. MMR Constructors, Inc. et al

Filing 234

ORDER granting 229 Motion to Dismiss Partybu MMR as to third-party claims; Summit Electric Supply Company, Inc. and Teton Industrial Construction, Inc. are dismissed without prejudice. Signed by Honorable Susan O. Hickey on August 14, 2012. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ASH GROVE CEMENT COMPANY V. PLAINTIFF CASE NO. 4:10-CV-04069 MMR CONSTRUCTORS, INC. DEFENDANT/COUNTER PLAINTIFF V. MICHAEL COMSTOCK; MICHAEL BOWLING; DAVID HUGHES; CONTRACTOR SALES & RENTALS OF TEXARKANA, LLC; ALTON LOWREY; SUMMIT ELECTRIC SUPPLY COMPANY, INC.; and TETON INDUSTRIAL CONSTRUCTION, INC. THIRD-PARTY DEFENDANTS ORDER Before the Court is Defendant/Counter Plaintiff MMR Constructors, Inc.’s (“MMR”) Motion to Voluntarily Dismiss. (ECF No. 229). MMR moves to dismiss without prejudice ThirdParty Defendants Summit Electric Supply Company, Inc. (“Summit”) and Teton Industrial Construction, Inc. (“Teton”). MMR contends that the Court’s recent summary judgment order (ECF No. 227) nullified MMR’s claims against Summit and Teton. Upon consideration, the Court finds that MMR has shown good cause for the motion. Accordingly, MMR’s Motion to Dismiss (ECF No. 229) should be and hereby is GRANTED. MMR’s third-party claims against Summit and Teton are hereby DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(a)(2). IT IS SO ORDERED, this 14th day of August, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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