BVS, Inc v. CDW Direct, LLC et al

Filing 112

ORDER: The Clerk of Court is directed to enter an amended judgment that reflects judgment in favor of CDW and against BVS on BVS's 38 Complaint and dismissal without prejudice of CDW's 41 Third Party Complaint against Arrow Electronics, Inc., TSSLink, Inc., and Net App, Inc. Signed by Chief Judge Linda R Reade on 4/2/2013. (skm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
BVS, INC.,
Plaintiff,

No. 11-CV-79-LRR

vs.

ORDER

CDW DIRECT, LLC,
Defendant and Third-Party
Plaintiff,
vs.
ARROW ELECTRONICS, INC.,
TSSLINK, INC. and NET APP, INC.,
Third-Party Defendants.
__________________________________
NET APP, INC.,
Counter Claimant,
vs.
CDW DIRECT, LLC,
Counter Defendant.
____________________
The matter before the court is the court’s March 28, 2013 Order (docket no. 109).
Pursuant to such order, the court resolved BVS, Inc.’s (“BVS”) claims in favor of CDW
Direct, LLC (“CDW”) and directed the Clerk of Court to enter judgment accordingly. See
Judgment (docket no. 110). Because CDW’s Third-Party Complaint (docket no. 41)
against Arrow Electronics, Inc., TSSLink, Inc. and Net App, Inc. was necessarily
contingent on BVS prevailing against CDW, the court finds that it is appropriate to dismiss
without prejudice CDW’s Third-Party Complaint. The Clerk of Court is directed to enter
an amended judgment that reflects judgment in favor of CDW and against BVS on BVS’s

Complaint (docket no. 38) and dismissal without prejudice of CDW’s Third-Party
Complaint (docket no. 41) against Arrow Electronics, Inc., TSSLink, Inc. and Net App,
Inc.
IT IS SO ORDERED.
DATED this 2nd day of April, 2013.