Ellis et al v. Machinerylink, Inc.

Filing 46

ORDER - Pursuant to the joint stipulation of the parties, Filing No. 45 , MachineryLink, Inc. is dismissed from this case. The Court retains jurisdiction over this action with regard to plaintiffs' claims against MLI Transport, LLC. The motion for summary judgment, Filing No. 42 , is denied as moot. Ordered by Judge Joseph F. Bataillon. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

RANDOLPH ELLIS, husband and wife; and DEBRA
ELLIS, husband and wife;
8:13CV273
Plaintiffs,
vs.

ORDER

MACHINERYLINK, INC., a Delaware Corporation; and
MLI TRANSPORT, LLC, a Kansas limited liability
company;
Defendants.

This matter is before the Court on the joint stipulation of plaintiffs Randolph and Debra Ellis and
defendant MachineryLink, Inc., pursuant to Fed.R.Civ.P.41(a)(ii). The parties jointly agree to the dismissal of
MachineryLink, Inc. from this case. The parties further request that this Court retain jurisdiction over this action
with regard to plaintiffs’ claims against MLI Transport, LLC. The parties also agree that the pending motion for
summary judgment, Filing No. 42, is resolved as a result of this stipulation.
THEREFORE, IT IS ORDERED THAT:
1. Pursuant to the joint stipulation of the parties, Filing No. 45, MachineryLink, Inc. is dismissed from
this case.
2. The Court retains jurisdiction over this action with regard to plaintiffs’ claims against MLI Transport,
LLC.
3. The motion for summary judgment, Filing No. 42, is denied as moot.
Dated this 11th day of July, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge