LM Insurance Corporation v. Folse et al

Filing 52

RULING AND ORDER Entered in 17-CV-458-BAJ-RLB Consolidating Case with 17-CV-20-BAJ-RLB. The 47 Report and Recommendation of the U.S. Magistrate Judge is adopted as the Court's opinion. The 44 Motion to Dismiss is GRANTED. All claims brought by Powko Industries, LLC, against Defendants, Scott Folse, DMI Contractors Inc., and DMI Pipe Fabrication LLC are dismissed with prejudice, with each party to bear its own costs and attorneys' fees. This matter be CONSOLIDATED with LM Insurance Cor poration v. Folse, et al., Civil Action No. 3:17-cv-00020-BAJ-RLB, for all purposes pursuant to Rule 42 of the Federal Rules of Civil Procedure, as well as for the Magistrate Judge to enter a new scheduling order. The 13 Motion to Dismiss is DENIED AS MOOT. Signed by Chief Judge Brian A. Jackson on 1/30/2018.. Signed by Chief Judge Brian A. Jackson on 1/30/2018. (LLH)

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