Graybar Electric Company, Inc. v. Team Construction, LLC et al

Filing 29

ORDER granting 27 Motion to Dismiss. Counsel should read order in its entirety for critical information. Signed by Chief Judge James C. Dever III on 9/3/2015. (Jenkins, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Civil Action No. 5:14-CV-00806-D

THE UNITED STATES OF AMERICA, for
the use of GRAYBAR ELECTRIC
COMPANY, INC.,
Plaintiff,

v.
TEAM CONSTRUCTION, LLC, JARROD
CLINE, individually and d/b/a CLINE
ELECTRIC, and WESTERN SURETY
COMPANY.
Defendants.

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ORDER

This matter comes before the undersigned Chief United States District Judge presiding,
upon the Joint Motion to Dismiss ("Joint Motion") of Plaintiff Graybar Electric Company Inc.
("Graybar" or "Plaintiff'), and Defendants TEAM Construction, LLC ("TEAM") and Western
Surety Company ("Western") (collectively, the "Moving Parties") for (a) dismissal of all of
Graybar's claims against Defendants TEAM and Western, with prejudice, and (b) dismissal of all
of Graybar's claims against Defendant Jarrod Cline, individually and d/b/a Cline Electric
("Cline"), without prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
Having reviewed the Joint Motion and considered the other submissions of the parties, the Court
finds that the interests of justice and judicial economy will be best served if the Joint Motion is
ALLOWED.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Joint Motion to
Dismiss is GRANTED. Plaintiffs claims asserted in this action against Defendants Team and

Western are hereby dismissed, with prejudice. Plaintiffs claims asserted in this action against
Defendant Cline are hereby dismissed, without prejudice.
SO ORDERED. This _,,j..___day of

kpkML.,_

2

2015