Duclos v. Altec Industries, Inc. et al

Filing 90

ORDER GRANTING 88 Third Party Plaintiffs' MOTION to Dismiss Third Party Defendants BHMG Engineers, Inc., BHMG Electric, LLC n/k/a Big D Electric, LLC, and BHMG Row, LLC (a/k/a Big D Right of Way, LLC) n/k/a Big D Row, LLC, Only. Third party defendants BHMG ROW, LLC, BHMG ELECTRIC LLC and BHMG ENGINEERS INC. dismissed from the case without prejudice. Signed by Judge David R. Herndon on 1/12/2018. (ceh)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ERIC DUCLOS, Plaintiff, v. ALTEC INDUSTRIES, INC., ALTEC, INC., and J.J. KANE ASSOCIATES, INC. d/b/a J.J. KANE AUCTIONEERS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 16-1162-DRH-SCW JURY TRIAL DEMANDED ALTEC INDUSTRIES, INC., ALTEC, INC., and J.J. KANE ASSOCIATES, INC. d/b/a J.J. KANE AUCTIONEERS, ) ) ) ) ) Third Party Plaintiffs, ) ) v. ) ) BIG D ELECTRIC, INC., n/k/a ) K D BREWER ENTERPRISES, INC., ) BIG D RIGHT OF WAY SERVICES, INC., n/k/a ) D L BREWER ENTERPRISES, INC., ) BHMG ENGINEERS, INC., ) BHMG ELECTRIC, LLC, n/k/a BIG D ) ELECTRIC, LLC, and ) BHMG ROW, LLC (a/k/a BIG D ) RIGHT OF WAY, LLC), n/k/a ) BIG D ROW, LLC, ) ) Third Party Defendants. ) ORDER This matter is before this Court on Defendants/Third-Party Plaintiffs’ Altec, Inc. (“Altec”), Altec Industries, Inc. (“Altec Industries”), and J.J. Kane Associates, Inc., d/b/a J.J. Kane Auctioneers (“J.J. Kane”) (collectively, “Third-Party Plaintiffs”) Combined Motion and Brief for Voluntary Dismissal of Third-Party Page 1 of 2 Defendants BHMG Engineers, Inc. (“BHMG Engineers”), BHMG Electric, LLC n/k/a Big D Electric, LLC (“BHMG Electric”), and BHMG Row, LLC (a/k/a Big D Right of Way, LLC), n/k/a Big D Row, LLC (“BHMG Row”) (collectively, “BHMG Defendants”), Only (“Third-Party Plaintiffs’ Motion”). IT IS HEREBY ORDERED that Third-Party Plaintiffs’ Motion is GRANTED. IT IS FURTHER ORDERED Third-Party Plaintiffs’ First Amended ThirdParty Complaint for Contribution and Indemnity (“Third-Party Complaint”) (Doc. 54) in the above-captioned case is dismissed without prejudice as against the BHMG Defendants only. IT IS HEREBY FURTHER ORDERED Third-Party Plaintiffs’ Third-Party Complaint and any and all claims and causes of action asserted therein remain in full force and effect as against Third-Party Defendants Big D Electric, Inc., n/k/a K D Brewer Enterprises, Inc. (“Big D Electric”), and Big D Right of Way Services, Inc., n/k/a D L Brewer Enterprises, Inc. (“Big D Right of Way”) (collectively, “Big D Defendants”). IT IS SO ORDERED. Judge Herndon 2018.01.12 12:02:48 -06'00' United States District Judge Page 2 of 2

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