Plan Pros v. Zych et al

Filing 43

ORDER granting 36 Motion to Dismiss; defendants Wilson Martinez and Cora Martinez' cross-claims against defendants Brian Zych, d/b/a Zych Construction, Zych Construction L.L.C., Tracy Zych, and Kenneth Tinnes, d/b/a KT Design and Ken Tinnes Residential Design are dismissed without prejudice. Ordered by Senior Judge Lyle E. Strom. (ADB, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA PLAN PROS, INC., ) ) Plaintiff, ) ) v. ) ) BRIAN ZYCH, d/b/a ZYCH ) CONSTRUCTION, TRACY ZYCH, ) ZYCH CONSTRUCTION L.L.C., ) KENNETH TINNES, d/b/a KT ) DESIGN and KEN TINNES ) RESIDENTIAL DESIGN, CBS HOME ) REAL ESTATE COMPANY, WILSON ) MARTINEZ and CORA MARTINEZ, ) ) Defendants. ) ______________________________)

8:08CV125

ORDER

This matter is before the Court on defendants Wilson Martinez and Cora Martinez' motion to dismiss cross-claims against defendants Brian Zych, d/b/a Zych Construction, Zych Construction L.L.C., Tracy Zych, and Kenneth Tinnes, d/b/a KT Design and Ken Tinnes Residential Design without prejudice (Filing No. 36). The Court notes no response has been filed Accordingly,

thereto and finds said motion should be granted.

IT IS ORDERED that the motion is granted; defendants Wilson Martinez and Cora Martinez' cross-claims against defendants Brian Zych, d/b/a Zych Construction, Zych Construction

L.L.C., Tracy Zych, and Kenneth Tinnes, d/b/a KT Design and Ken Tinnes Residential Design are dismissed without prejudice. DATED this 31st day of October, 2008. BY THE COURT: /s/ Lyle E. Strom _________________________________ LYLE E. STROM, Senior Judge United States District Court