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)

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