Coombs v. Unique Refinishers, Inc. et al

Filing 119

MEMORANDUM OPINION re 118 JUDGMENT. Signed by Michael P. Mills on 3/27/2013. (lpm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI

MATTHEW COOMBS

PLAINTIFF

V.

CASE NO. 2:12CV102

UNIQUE REFINISHERS, INC.,
INTERCONTINENTAL HOTELLS GROUP, PLC and
INTERCONTINENTAL HOTELS GROUP RESOURCES, INC.

DEFENDANTS

and
CHAWLA HOTELS, INC.

THIRD-PARTY DEFENDANTS

MEMORANDUM OPINION
The court issues this opinion, clarifying its previous ruling [117] and granting the motion to
dismiss [39]. The previous opinion in this matter was based on the motion to dismiss [39] based on
the initial complaint. The court held that the complaint contained conclusory allegations insufficient
to withstand Intercontinental’s Fed. R. Civ. P. 12(b)(2) motion. Further, the complaint did not offer
sufficient specificity whereby the court could determine that Coombs’ injury could be attributed to
Intercontinental due to the corporate relationship, or lack thereof, between the defendants in this
case.
The subsequent motion [55] is based on the cross-claims asserted against Intercontinental
by Unique Refinishers, Inc. The cross-claim asserts the same conclusory allegations as contained
in the initial complaint. It also asserts a right of indemnity. Unique Refinishers, Inc. did not respond
to the motion to dismiss.
The court finds that its previous opinion is similarly applicable to the assertions made in the
cross-claim by Unique Refinishers, Inc. Therefore, both motions to dismiss [39, 55] are granted,

and the parties will be dismissed as set out in a separate judgment issued pursuant to Fed. R. Civ.
P. 58.
SO ORDERED, this the 27th day of March, 2013.

/s/ MICHAEL P. MILLS
CHIEF JUDGE
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI