Moyle v. Clarke et al

Filing 148

ORDER AND JUDGMENT - Pursuant to the memorandum opinion entered herein this date, filing 147 , IT IS ORDERED: Defendants' motion for relief from judgment for lack of subject matter jurisdiction (Filing No. [124) is granted. The judgment in the amount of $19,607,486.00 (Filing No. 108 ) is set aside. Ordered by Senior Judge Lyle E. Strom. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILLIAM J. MOYLE,

)
)
Plaintiff,
)
)
v.
)
)
CONCRETE INDUSTRIES, INC.,
)
and ROGER T. CLARKE,
)
)
Defendants
)
)
v.
)
)
MECHANICAL SYSTEMS, INC., and )
ACUITY INSURANCE COMPANY, its )
workers’ compensation insurer,)
)
Intervenors/Defendants. )
______________________________)

8:12CV434

ORDER AND JUDGMENT

Pursuant to the memorandum opinion entered herein this
date,
IT IS ORDERED:
1) Defendants’ motion for relief from judgment for lack
of subject matter jurisdiction (Filing No. 124) is granted.
2) The judgment in the amount of $19,607,486.00 (Filing
No. 108) is set aside.

3) Plaintiff’s amended complaint (Filing No. 27) is
dismissed without prejudice for lack of subject matter
jurisdiction.
DATED this 22nd day of May, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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