Miller et al v. 3M Company et al

Filing 441

ORDER granting 435 Motion to Dismiss plaintiff's claims against defendant Navistar, Inc. Signed by Senior Judge W. Earl Britt on 9/22/2014. (Marsh, K)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:12-CV-00620-BR JANE E. MILLER, personal representative of ) the Estate of Robert Wesley Miller ) ) Plaintiffs, ) v. ) ) 3M COMPANY a/k/a MINNESOTA ) MINING & MANUFACTURING ) COMPANY et al., ) ) Defendants. ) ORDER This matter is before the Court on the Joint Motion to Dismiss Plaintiff’s claims against only Defendant NAVISTAR, 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 NAVISTAR, INC., ONLY, are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs. This 22 September 2014. __________________________________ W. Earl Britt Senior U.S. District Judge

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