Birky v. Neblock et al

Filing 42

ORDER granting 36 Motion to Dismiss. Defendants Gregory E Neblock and Penske Truck Leasing Co., LP are DISMISSED WITH PREJUDICE from this case. Plaintiff's claims remain pending against Exel, Inc. Signed by Judge Rudy Lozano on 9/4/2009. (rmn)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION MARK BIRKY, Personal Representative of the Estate of Robin HassBirky, Plaintiff, vs. GREGORY E. NEBLOCK, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER
This matter is before the Court on the Motion to Dismiss, filed by Defendants, Gregory E. Neblock and Exel Inc., on August 7, 2009. In the instant motion, Defendants seek dismissal with

NO. 2:08-CV-322

prejudice of Gregory E. Neblock and Penske Truck Leasing Co., L.P., incorrectly sued as Penske Truck Leasing Co. objection to the dismissal of these Defendants. Accordingly, the instant motion is GRANTED. Defendants Plaintiff has no

Gregory E. Neblock and Penske Truck Leasing Co., L.P. are DISMISSED WITH PREJUDICE from this case. against Exel, Inc. Plaintiff's claims remain pending

DATED:

September 4, 2009

/s/RUDY LOZANO, Judge United States District Court