Dream Catcher Hotels, LLC v. Johnston-Tombigbee Furniture Manufacturing Company

Filing 34

ORDER finding as moot 31 Motion for Extension of Time to File Response/Reply re 31 MOTION for Extension of Time to File Response/Reply as to 7/26/22 Notice of Correction, 19 MOTION to Dismiss and for Preemption of State Law Claims ; finding as moot 19 Motion to Dismiss. Signed by District Judge Debra M. Brown on 8/1/22. (jla)

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Case: 1:22-cv-00054-DMB-RP Doc #: 34 Filed: 08/01/22 1 of 1 PageID #: 168 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION DREAM CATCHER HOTELS, LLC PLAINTIFF V. NO. 1:22-CV-54-DMB-RP JOHNSTON-TOMBIGBEE FURNITURE MANUFACTURING COMPANY DEFENDANT ORDER On June 30, 2022, Johnston-Tombigbee Furniture Manufacturing Company (“JTB”) filed a third-party complaint against Royal Trucking, Inc. Doc. #14. Approximately two weeks later, Royal moved to dismiss the third-party complaint. Doc. #19. On July 21, 2022, JTB filed a “Combined Motion for Leave to File Thirdparty Complaint and Response to Motion to Dismiss.” Doc. #30. The Clerk’s Office instructed JTB to re-file the motion for leave as a separate docket entry from its response to the motion to dismiss. On July 28, 2022, Royal filed a motion for additional time to respond to JTB’s motion for leave and to reply in support of its motion to dismiss. Doc. #31. The next day, JTB filed a notice pursuant to Federal Rule of Civil Procedure 41 dismissing its third-party complaint against Royal “without prejudice, reserving all rights to re-file such, some, or all of its claims as cross-claims.” Doc. #32. Accordingly, Royal’s motion to dismiss [19] and motion for extension [31] are DENIED as moot. SO ORDERED, this 1st day of August, 2022. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE

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