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

Filing 308

ORDER granting #303 Motion to Dismiss. The action of Plaintiff, JACK HOWARD COX, SR., Executor of the Estate of PERCY RAY COX against Defendant CUMMINS INC. be dismissed without prejudice, and each party to bear its own fees and costs.To the extent that any cross-claims by or against Defendant CUMMINS INC., thosecross-claims are also hereby dismissed. Signed by Chief Judge James C. Dever III on 8/23/2018. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
JACK HOWARD COX, SR., Executor
of the Estate of PERCY RAY COX,
Plaintiffs,
vs.
AGCO CORPORATION, et al.
Defendants.

)

Civil Action No. 4:16-cv-00084-D

)
)
)
)
)
)

)
)
)

ORDER
This matter was heard by the undersigned upon motion by Plaintiffs, JACK HOWARD
COX, SR., Executor of the Estate of PERCY RAY COX, and Defendant CUMMINS INC., to
dismiss without prejudice all claims against CUMMINS INC. in this matter.

It appearing that grounds exist to permit Plaintiffs to

volunt~rily

dismiss this action

against CUMMINS INC. without prejudice, and that the motion should be granted for good
causes shown;
It is therefore ORDERED, ADJUDGED, and DECREED that the action of Plaintiff,
JACK HOWARD COX, SR., Executor of the Estate of PERCY RAY COX against Defendant
CUMMINS INC. be dismissed without prejudice, and each party to bear its own fees and costs.

To the extent that any cross-claims by or against Defendant CUMMINS INC., those
cross-claims are also hereby dismissed.
SO ORDERED. This :,3 day of August 2018.

Chief United States District Judge