Amsted Industries Incorporated v. Tianrui Group Foundry Company, Ltd. et al

Filing 88

ORDER granting 87 MOTION to Dismiss Defendant Tianrui Group Foundry Company, Ltd. with Prejudice filed by Amsted Industries Incorporated, ORDER RENDERING MOOT 85 MOTION to Dismiss for Failure to State a Claim and Brief in Support Thereof filed by Tianrui Group Foundry Company, Ltd. Tianrui Group Foundry Company, Ltd. terminated.Signed by Chief Judge David R. Herndon on 2/14/2012. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AMSTED INDUSTRIES INCORPORATED
Plaintiff,
v.

No. 11-cv-659-DRH-SCW

TIANRUI GROUP FOUNDRY COMPANY,
LTD., STANDARD CAR TRUCK
COMPANY, INC., WESTINGHOUSE
AIR BRAKE TECHNOLOGIES CORPORATION,
CKD KUTNSA HORA, A.S, and
OMNICAST, LLC,
Defendants.
ORDER
HERNDON, Chief Judge:
Pending before the Court is plaintiff Amsted Industries Incorporated’s
(Amsted) motion to dismiss defendant Tianrui Group Foundry Company, Ltd.
(Tianrui) with prejudice pursuant to FEDERAL RULE

OF

CIVIL PROCEDURE 41(a)(2)

(Doc. 87). Rule 41(a)(2) allows a court to consider whether it is proper to order a
party dismissed, upon the plaintiff’s motion. “The determination of whether to
grant a motion for voluntary dismissal rests within the sound discretion of the
district court.” Tyco Labs., Inc. v. Koppers Co., Inc., 627 F.2d 54, 56 (7th Cir.
1980). As Amsted informs the Court it has entered into a confidential settlement
agreement with Tianrui, the Court finds said dismissal is proper. Further, as
Tianrui is no longer a party to this action, the Court holds its motion to dismiss

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for failure to state a claim is rendered MOOT (Doc. 85). Accordingly, the Court
GRANTS Amsted’s motion and DISMISSES Tianrui with prejudice.
IT IS SO ORDERED.
Signed this 14th day of February, 2012.

David R. Herndon
2012.02.14
11:58:05 -06'00'
Chief Judge
United States District Court

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