Kar Nut Products Company v. Red River Commodies, Inc.

Filing 44

ORDER (1) Granting Third-Party Defendants' 20 and 27 Motions to Dismiss; and (2) Dismissing Defendant Red River Commodities' 11 Third-Party Complaint Without Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KAR NUT PRODUCTS COMPANY,
Plaintiff,

Case No. 16-cv-13197
Hon. Matthew F. Leitman

v.
RED RIVER COMMODITIES,
Defendant.
RED RIVER COMMODITIES,
Third-Party Plaintiff,
v.
TRAVIS & SHEILA KAY MIRES JV
And GD & BRUCE VAUGHN,
Third-Party Defendants
_________________________________/
ORDER (1) GRANTING THIRD-PARTY DEFENDANTS’ MOTIONS TO
DISMISS (ECF ## 20, 27); AND (2) DISMISSING DEFENDANT RED
RIVER COMMODITIES’ THIRD-PARTY COMPLAINT (ECF #11)
WITHOUT PREJUDICE
On December 22, 2016, Defendant Red River Commodities filed a thirdparty complaint against (1) Travis & Sheila Kay Mires JV (the “Mires JV”); and
(2) GD & Bruce Vaughn (the “Vaughns”). (See ECF #11.)
On February 22, 2017 and March 17, 2017 respectively, the Vaughns and
the Mires JV moved to dismiss the third-party complaint for lack of personal
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jurisdiction or in the alternative to transfer venue to the United States District
Court for the Northern District of Texas (the “Motions”). (See ECF ## 20, 27.)
The Court held a hearing on the Motions on June 26, 2017.
For the reasons stated on the record at the June 26, 2017 hearing, the
Motions (ECF ## 20, 27) are GRANTED. Red River Commodities’ third party
complaint (ECF #11) is DISMISSED WITHOUT PREJUDICE for lack of
personal jurisdiction.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: July 5, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on July 5, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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