Lewis et al v. Axens North America, Inc. et al

Filing 30

ORDER granting 5 Motion for Judgment on the Pleadings. Lewis's claims against National Bulk are dismissed as time-barred. Mrs. Lewis's claims for loss of consortium may proceed. Signed by Judge B. Avant Edenfield on 5/28/2014. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

This

May 2014.

BRIAN D. LEWIS and STEPHANIE
LEWIS,
sT
DENFIELØ, JUDG
A
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

Plaintiffs,
V

4: 14-cv-27

.

AXENS NORTH AMERICA, INC.;
BASF CATALYSTS, LLC.; BASF
CORPORATION; and NATIONAL
BULK EQUIPMENT,
Defendants.

1')

1 II Dg

Defendant National Bulk Equipment,
Inc. ("National Bulk") moves for partial
judgment on the pleadings as to the claim of
Plaintiff Bryan Lewis. ECF No. 5. National
Bulk contends that a two-year statute of
limitations bars Mr. Lewis's claim. Id.
Plaintiffs agree that Mr. Lewis's claims are
untimely under Georgia law. ECF No. 13 at
1-2. Plaintiffs request in their response that
National Bulk remain a party to the suit
because of Mrs. Lewis's potential claims
against them. Id National Bulk, for its part,
has only requested the dismissal of the
claims on which the parties agree. ECF No.
5 at 1. Therefore, Mr. Lewis's claims
against National Bulk are DISMISSED as
time-barred. Mrs. Lewis's claims for loss of
consortium may proceed.