Driver et al v. D. Mosley Trucking, Inc. et al

Filing 149

ORDER granting 124 Motion to Dismiss Party. Plaintiffs' claims against Steel Dynamics Inc. are dismissed with prejudice. Party Steel Dynamics Inc. Terminated. Signed by Honorable Susan O. Hickey on October 29, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LOIS DRIVER, et al VS. PLAINTIFFS CASE NO. 4:13-cv-4074 D. MOSLEY TRUCKING, INC., et al DEFENDANTS ORDER Before the Court is a Motion to Dismiss filed on behalf of Separate Defendant Steel Dynamics, Inc. (“SDI”). (ECF No. 124). SDI states that Plaintiffs’ Second Amended Complaint fails to allege any wrongful conduct on the part of SDI, and therefore Plaintiffs have failed to state a claim against SDI upon which relief can be granted. Plaintiffs have not filed a response to the motion, and the time to do so has passed. The Court finds this matter ripe for consideration. Upon consideration, the Court finds that the motion should be and hereby is GRANTED. Plaintiffs’ claims against SDI are hereby DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 29th day of October, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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