Tharp et al v. Ruane Construction Inc et al

Filing 20

OPINION AND ORDER GRANTING Plaintiffs Rule 41(a)(2) 19 MOTION to Dismiss Counts III and IV Against Defendant Mark Ruane: Counts III and IV are dismissed without prejudice. Court has already entered judgment as to Counts I and II, so this motion concludes this action, and the Clerk of the Court is DIRECTED to close this case. Signed by Judge Jon E DeGuilio on 4/15/15. (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
David Tharp, Board of Trustees
Chairman, and Douglas Robinson, Board
of Trustees Secretary, on behalf of
INDIANA/KENTUCKY/OHIO
REGIONAL COUNCIL OF
CARPENTERS PENSION FUND, et al.,
Plaintiffs,
v.
RUANE CONSTRUCTION, INC. and
MARK RUANE,
Defendants.

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Case No. 2:12-CV-364 JD

OPINION AND ORDER
Now before the Court is the Plaintiffs’ Rule 41(a)(2) motion to dismiss Count III and IV
of the Complaint against Defendant Mark Ruane. [DE 19]. Neither of the Defendants has
appeared in this action. The Court has previously granted default judgment as to Counts I and II,
which were brought against Defendant Ruane Construction, Inc., but denied default judgment as
to Counts III and IV, which were brought against Mark Ruane, on the basis that they were
preempted by the Labor Management Relations Act. [DE 14, 17]. Following the denial of default
judgment on Counts III and IV, the Court ordered the Plaintiffs to show cause why those counts
should not be dismissed for failure to state a claim, but also permitted them to satisfy this
obligation by voluntarily dismissing those counts. [DE 18].
Plaintiffs responded by filing the instant motion to dismiss, in which they seek dismissal
of Counts III and IV without prejudice. Accordingly, the motion to dismiss [DE 19] is
GRANTED, and Counts III and IV are dismissed without prejudice. Because the Court has

already entered judgment as to Counts I and II, this motion concludes this action, and the Clerk
of the Court is DIRECTED to close this case.
SO ORDERED.
ENTERED: April 15, 2015
/s/ JON E. DEGUILIO
Judge
United States District Court

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