Gassaway v. Jarden Corporation et al

Filing 13

MEMORANDUM AND ORDER denying as moot 7 defendants' Motion to Dismiss. Signed by District Judge J. Thomas Marten on 1/18/2013. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
COLEY GASSAWAY,
Plaintiff,
v.

Case No. 12-2769-JTM

JARDEN CORP., SUNBEAM PRODUCTS, INC.
d/b/a/ JARDEN CONSUMER SOLUTIONS,
and WAL-MART STORES, INC., et al.,
Defendants.
MEMORANDUM AND ORDER
The court has before it defendants’ Motion to Dismiss (Dkt. 7). In the
motion, defendants’ argument for dismissal based on res judicata is contingent upon the
plaintiff’s previously filed lawsuit in the District of Kansas, Gassaway v. Jarden Corp., et
al. 11-CV-2496-RDR being dismissed with prejudice. The court dismissed that case
without prejudice on March 21, 2012, but defendants filed a motion to convert the
judgment into a dismissal with prejudice. On January 15, 2013, the court denied the
motion. As the earlier suit was not dismissed with prejudice, defendants’ arguments for
dismissal of this case based on res judicata are moot. Accordingly, the court denies the
motion.
IT IS THEREFORE ORDERED this 18th day of January 2013, that defendants’
Motion to Dismiss (Dkt. 7) is denied as moot.

s/J. Thomas Marten
J. THOMAS MARTEN, JUDGE