Duke Energy Progress, LLC v. 3M Company, et al

Filing 840

ORDER granting #827 Motion to Dismiss Kobe Copper Products Inc. - Plaintiffs' claims against KCPI in the above captioned actions are hereby dismissed with prejudice and the reserved claims of all other parties are dismissed without prejudice. Signed by District Judge Louise Wood Flanagan on 01/11/2012. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CAROLINA POWER & LIGHT COMPANY
d/b/a PROGRESS ENERGY CAROLINAS,
INC.,
Plaintiff,
Civil Action No. 5:08-CV-00460-FL

v.
3M COMPANY, et al.,
Defendants.

CONSOLIDATION COAL COMPANY,
Plaintiff,
Civil Action No. 5:08-CV-00463-FL
v.
3M COMPANY, et al.,
Defendants.

ORDER
THIS MATTER came to be heard on the motion of Plaintiffs Carolina Power and Light
Company d/b/a/ Progress Energy Carolinas, Inc. (“Progress”) and Consolidation Coal Company
(“Consol”) and cross-claim, counterclaim, and third-party Plaintiff PCS Phosphate Company,
Inc. (“PCS”) (collectively “Plaintiffs”) for an Order under Fed. R. Civ. P. 41(a)(2) to dismiss
Kobe Copper Products. Inc. (“KCPI”) from the above-captioned actions. AND, it appearing to
the Court that no party will suffer prejudice from such an Order and good cause exists for
granting the relief the Plaintiffs’ seek:

IT IS THEREFORE ORDERED that Plaintiffs’ Motion to dismiss KCPI under Rule
41(a)(2) is GRANTED and that Plaintiffs’ claims against KCPI in the above captioned actions
are hereby dismissed with prejudice and the reserved claims of all other parties are dismissed
without prejudice.
SO ORDERED, this the 11th day of January, 2012.

_____________________________
LOUISE W. FLANAGAN
United States District Judge