State Farm Fire & Casualty Company v. Carquest Corporation et al

Filing 26

ORDER granting 25 Stipulation; denying as moot 22 Motion to Dismiss for Failure to State a Claim. The plaintiff's amended complaint shall be filed on or before February 14, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STATE FARM FIRE & CASUALTY
COMPANY, A Corporation, as a subrogee
of Rose Bowl Playhouse, Inc.;

4:13CV3192

Plaintiff,
MEMORANDUM AND ORDER
vs.
CARQUEST CORPORATION,
FRANKLIN AUTO PARTS, LLC, ATD
TOOLS, INC., SMART DECISION
TRADING, LTD, SUZHOU GEWEI
ELECTRIC APPLIANCE CO., LTD,
Defendants.
IT IS ORDERED:
1)

The parties’ stipulation, (Filing No. 25), is granted as follows:
a.

b.

2)

Plaintiff’s Count II “Strict Liability” claim is voluntarily dismissed
without prejudice against the defendants ADT Tools, Inc., Carquest
Corporation, and Franklin Auto Patts, L.L.C. d/b/a Carquest Auto
Parts #5776.
Plaintiff is granted leave to file an amended complaint. The
amended complaint shall be filed on or before February 14, 2014.

Defendant ADT’s motion to dismiss, (Filing No. 22), is denied a moot.

February 4, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge