Pankey et al v. Western Arkansas Rock, Inc. et al

Filing 98

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 69 Motion for Summary Judgment; granting 69 Motion for Summary Judgment. Defendants Randy Duffield, Luke B. Duffield, Billy Joe Duffield, Amelia Minerals, LLC, Larry Duffield terminated. Signed by Honorable Susan O. Hickey on February 20, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TERRELL PANKEY and SMITH COUNTY STONE, LLC v. PLAINTIFFS Case No. 4:13-cv-04046 WESTERN ARKANSAS ROCK, INC.; AMELIA MINERALS, LLC; DAVID J. POTTER; BILLY JOE DUFFIELD; LARRY DUFFIELD; LUKE B. DUFIELD; and RANDY DUFFIELD DEFENDANTS ORDER Before the Court is the Report and Recommendation filed January 28, 2015 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 94). Judge Bryant recommends that the Motion for Summary Judgment filed by separate defendants Randy Duffield, Larry Duffield, Luke B. Duffield, Billy Joe Duffield (now deceased, brought through administratrix Mable Earnestine Duffield), and Amelia Minerals, LLC be granted. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). The Court adopts the Report and Recommendation in toto. The Motion for Summary Judgment of the Separate Defendants Randy Duffield, Larry Duffield, Luke B. Duffield, Billy Joe Duffield (now deceased, brought through administratrix Mable Earnestine Duffield), and Amelia Minerals, LLC (ECF No. 69) is hereby GRANTED in its entirety, and all Plaintiffs’ causes of action against these Separate Defendants are dismissed. IT IS SO ORDERED, this 20th day of February, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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