Kolbek et al v. Twenty First Century Holiness Tabernacle Church, Inc. et al

Filing 637

ORDER granting 630 Motion to Dismiss Certain Cross-Claims and Certain Third Party Defendants. Defendants cross-claims and third-party claims against Certain Defendants are dismissed without prejudice. Certain Defendants Cherry Hill Printing, Inc.; Terri White; Sanford White; Douglas Brubach; Steve Lovelette; Sally Demoulin; Tommy Scarcello; Rite Way Roofing; Tony and Susan Alamo Foundation; Music Square Church; Gloryland Christian Church; Armful of Help; Action Distributors, Inc.; Advantage Food Group; Advantage Sales, LLC; Angela Morales; and Robert Gilmore d/b/a RG & Associates Security terminated. Signed by Honorable Susan O. Hickey on December 2, 2013. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
DESIREE KOLBEK, et al
VS.

PLAINTIFFS
CASE NO. 10-CV-4124

TWENTY FIRST CENTURY HOLINESS
TABERNACLE CHURCH, INC., et al

DEFENDANTS

ADVANTAGE FOOD GROUP, et al

THIRD PARTY PLAINTIFFS

VS.
JENNIFER KOLBEK, et al

THIRD PARTY DEFENDANTS
ORDER

Before the Court is a Motion to Dismiss Certain Cross-Claims and Certain Third Party
Defendants filed on behalf of Defendant Jeanne Estates Apartments, Inc. (ECF No. 630). Pursuant to
Federal Rule of Civil Procedure 41(a)(2), Defendant seeks to dismiss its cross-claims and third-party
claims against the following Defendants: Cherry Hill Printing, Inc.; Terri White; Sanford White; Douglas
Brubach; Steve Lovelette; Sally Demoulin; Tommy Scarcello; Rite Way Roofing; Tony and Susan
Alamo Foundation; Music Square Church; Gloryland Christian Church; Armful of Help; Action
Distributors, Inc.; Advantage Food Group; Advantage Sales, LLC; Angela Morales; and Robert Gilmore
d/b/a RG & Associates Security.1
Upon consideration, the Court finds that good cause for the dismissal of Defendant’s crossclaims and third-party claims against Certain Defendants has been shown. Accordingly, the motion
(ECF No. 630) is GRANTED. Pursuant to Federal Rule of Civil Procedure 41, Defendant’s cross-

1

Defendant’s cross-claims against the following Defendants remain: Twenty First Century
Holiness Tabernacle Church, Inc.; Tony Alamo; and Sharon Alamo. Defendant’s third-party claims
against the following Defendants remain: Jennifer Kolbek, Lamont Eddy, Susan Davis, Joseph
Orlando, Elenora Orlando, Terry Farr, Lisa Penman, James Rodriguez, Nicole Rodriguez, Dennis
Hagan, Robin Hagan, Lee King, Alaina King, and Ann Nicholas, Special Administratrix of the Estate
of John Kolbek, deceased.

claims and third-party claims against these Certain Defendants are hereby DISMISSED WITHOUT
PREJUDICE.
IT IS SO ORDERED, this 2nd day of December, 2013.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge