Barkley et al v. 4520 Corp., Inc. et al

Filing 383

ORDER granting 380 Joint Motion to Dismiss; denying as MOOT 301 Motion for Summary Judgment. All the Plaintiff's claims against the Defendant Carboline Company are hereby DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Martin Reidinger on 11/18/2021. (hms)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:20-cv-00220-MR
RANDY W. BARKLEY, Individually
and as the Executor of the Estate of
Rita W. Barkley, Deceased,

)
)
)
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Plaintiff,
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vs.
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4520 CORP., INC., Individually and
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as Successor-in-Interest to
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Benjamin F. Shaw Company, et al.,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant Carboline
Company’s Motion for Summary Judgment [Doc. 301] and the parties’ Joint
Motion to Dismiss Carboline Company [Doc. 380].
Upon review of the parties’ motions,
IT IS, THEREFORE, ORDERED that the parties’ Joint Motion to
Dismiss [Doc. 380] is GRANTED, and all the Plaintiff’s claims against the
Defendant Carboline Company are hereby DISMISSED WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED that the Defendant Carboline Company’s
Motion for Summary Judgment [Doc. 301] is DENIED AS MOOT.

Case 1:20-cv-00220-MR Document 383 Filed 11/18/21 Page 1 of 2

IT IS SO ORDERED. November 18, 2021
Signed:

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Case 1:20-cv-00220-MR Document 383 Filed 11/18/21 Page 2 of 2