S. Parker Construction, Inc. v. Suntex Homes, LLC et al

Filing 92

ORDER Granting 90 Plaintiff's Motion to Voluntarily Dismiss Defendant Michael J. Lichtie. Signed by Judge James C. Mahan on 8/9/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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S. PARKER CONSTRUCTION, INC., a
Utah corporation, dba BARRY
PARKER CONSTRUCTION,

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Plaintiff,

2:08-CV-1439 JCM (GWF)

Date:
Time:

N/A
N/A

v.

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SUNTEX HOMES, LLC., et al.,
Defendants.

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ORDER

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Presently before the court is fourth-party plaintiff S. Parker Construction, Inc.’s (“Parker”)

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motion to dismiss fourth-party complaint against fourth-party defendant Michael J. Lichtie without

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prejudice. (Doc. # 90). No opposition has been filed.

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Upon further reading of the present motion, it appears to be what is an incorrectly titled

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voluntary dismissal. In its motion, plaintiff states that “the only claims remaining in this action are

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S. Parker’s fourth-party claims as contained in its [f]ourth-[p]arty [c]omplaint against [f]ourth-[p]arty

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[d]efendant, Michael Lichtie, who is appearing in proper person. However, S. Parker is desirous of

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dismissing its [f]ourth-[p]arty [c]omplaint against Mr. Lichtie without prejudice and hereby

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respectfully moves this [c]ourt to grant its instant [m]otion in this regard.” (Doc. # 90, p. 4). Thus,

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the court will treat the present motion as a voluntarily dismissal of defendant Lichtie, and hereby

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grants it.

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED ADJUDGED AND DECREED plaintiff’s motion to voluntarily

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dismiss defendant Michael J. Lichtie (doc. # 90) be, and by the same hereby is, GRANTED.
DATED this 9th day of August, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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