Miller et al v. 3M Company et al

Filing 342

ORDER granting #327 Motion to Dismiss J.T. Thorpe & Son, Inc. Signed by Senior Judge W. Earl Britt on 1/14/2014. (Marsh, K)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:12-CV-620-BR
JANE E. MILLER, individually and as
personal representative of the Estate of
Robert Wesley Miller,
Plaintiff,
v.
3M COMPANY a/k/a Minnesota Mining &
Manufacturing Company, et al.,
Defendants.

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ORDER

This matter is before the Court on the motion to dismiss plaintiff’s claims against only
Defendant J.T. THORPE & SON, INC., incorrectly named herein as “J-M Manufacturing
Company (sued individually and as parent and alter ego to J-M A/C Pipe Corporation; J.T.
Thorpe & Son, Inc.)” pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. There
being no opposition, the motion is ALLOWED.
IT IS, THEREFORE, ORDERED that Plaintiff’s claims against Defendant J.T. THORPE
& SON, INC., incorrectly named herein as “J-M Manufacturing Company (sued individually and
as parent and alter ego to J-M A/C Pipe Corporation; J.T. Thorpe & Son, Inc.)” are hereby
DISMISSED WITHOUT PREJUDICE.
This 14 January 2014.

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W. Earl Britt
Senior U.S. District Judge