Perdue Properties, LLC et al v. Diamond P Enterprises, Inc. et al

Filing 116

ORDER denying as moot 105 Motion to Dismiss Signed by Honorable David C. Bramlette, III on 10/21/2016 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
PERDUE PROPERTIES, LLC; BADEAUX
HOLDINGS, LLC; DIAMOND P ENTERPRISES,
INC.; RHETT STEVEN GUERIN; AND
POINT NEBO, LLC
VS.

PLAINTIFFS

CIVIL ACTION NO. 5:15-cv-47(DCB)(MTP)

THE UNITED STATES OF AMERICA;
BRUCE HAM; WAYNE SMITH; 17, LLC;
SCOTT LINDSEY, Individually and as
de facto partner in the entity that
is the successor-in-interest of
17, LLC; JOHN ANDREW GRIFFIN,
Individually and as de facto partner
in the entity that is the successorin-interest of 17, LLC; GIBSON REAL
ESTATE, INC., d/b/a GIBSON REALTY &
LAND COMPANY; and John Does 1-10

DEFENDANTS

ORDER
This cause is before the Court sua sponte to remove a stale
motion from the docket.

On October 3, 2016, the Court entered an

Order of Dismissal (docket entry 115) reflecting that the parties
have settled all claims except (1) those asserted against the
United States by the plaintiffs, and (2) those asserted against the
United States by co-defendant 17, LLC.

The Order explicitly

dismisses, inter alia, all claims asserted by 17, LLC, Scott
Lindsey, John Andrew Griffin, and Gibson Real Estate, Inc. against
Wayne Smith.
The Court therefore finds that 17, LLC, Scott Lindsey, John
Andrew Griffin, and Gibson Real Estate, Inc. have settled their
claims against Wayne Smith.

Consequently, Wayne Smith’s Motion to

Dismiss the Cross-Claim of 17, LLC, Scott Lindsey, John Andrew
Griffin, and Gibson Real Estate, Inc. pursuant to Rule 12(b)(6) of
the Federal Rules of Civil Procedure (docket entry 105) is moot.
Accordingly,
IT IS HEREBY ORDERED that Wayne Smith’s Motion to Dismiss
pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
(docket entry 105) is DENIED AS MOOT.
SO ORDERED, this the 21st day of October, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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