Krumroy et al v. Hobart Brothers Company et al

Filing 31

ORDER granting 30 Motion to Dismiss with prejudice as to Defendant Metropolitan Life Insurance Company. On or before five (5) business days from entry of this Order, the Defendant Honeywell International, Inc. shall file response explaining why the settlement proceeds have not been distributed or shall file proof of distribution of the same. Signed by District Judge Martin Reidinger on 03/14/2013. (thh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:09cv167 HARRIET H. KRUMROY, a/k/a Harriet Ann Krumroy, Individually and as Administrator of the Estate of Carl H. Krumroy, ) ) ) ) ) Plaintiff, ) ) vs. ) ) HONEYWELL INTERNATIONAL, INC., ) Independently and as Successor in ) Interest to Allied Signal, Inc., successor to ) Allied Corporation as successor in interest ) to The Bendix Corporation, a Foreign ) Corporation, and ) METROPOLITAN LIFE INSURANCE ) COMPANY, a New York Corporation, ) ) Defendants. ) __________________________ _) ORDER THIS MATTER is before the Court on the Joint Motion to Dismiss of Plaintiff Harriet H. Krumroy and Defendant Metropolitan Life Insurance Company [Doc. 30]. For the reasons stated in the motion, it will be granted. Defendant Honeywell International, Inc. remains in the action. Plaintiff’s counsel advises that although settlement was reached with that Defendant in December 2012, no settlement funds have yet been received. IT IS, THEREFORE, ORDERED that the Joint Motion to Dismiss of Plaintiff Harriet H. Krumroy and Defendant Metropolitan Life Insurance Company [Doc. 30] is hereby GRANTED and this action is hereby DISMISSED WITH PREJUDICE as to Defendant Metropolitan Life Insurance Company. IT IS FURTHER ORDERED that on or before five (5) business days from entry of this Order, the Defendant Honeywell International, Inc. shall file response explaining why the settlement proceeds have not been distributed or shall file proof of distribution of the same. Signed: March 14, 2013 2

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