Cox, Sr. v. AGCO Corporation, et al.

Filing 178

ORDER granting #177 Motion to Dismiss. Signed by Chief Judge James C. Dever III on 8/14/2017. (Briggeman, N.)

·IN THE UNITED STATES DISTRlCT COURT
FOR THE EASTERN DISTRJCT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:16-CV-84-D

Jack Howard Cox, Sr., Executor of the Estate
of Percy Ray· cox,
Plaintiff,

v.
AGCO Corporation, et al.
Defendants.

ORDER
This matter comes before the Court on the Joint Motion of the parties Plaintiff Jack
Howard Cox, Sr., Executor of the Estate of Percy Ray Cox, ("Plaintiff') and Defendant
Hennessy Industries, LLC ("Hennessy"), incorrectly sued as Hennessy Industries, Inc. to dismiss
the purported claims of Plaintiff against Hennessy. For good cause shown and pursuant to the
authority ofFederal Rule of Civil Procedure 41(a)(2):
IT IS THEREFORE ORDERED that the Joint Motion,. [Dkt. ~. is GRANTED; and
all claims of Plaintiff that were brought or could have been brought against Hennessy in the
present action are hereby DISMISSED WITHOUT PREJUDICE, and with each party to bear
his or its own costs, and reserving to Plaintiff his claims against all other parties.
SO ORDERED. This ·--1.4: day of August 2017.
.
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