FMW/MJH At 2604 Hillsborough LLC v. WSA Construction, LLC et al

Filing 193

ORDER granting with prejudice 192 Motion to Dismiss claims of Plaintiff FMW/MJH against Sunbelt and the claims and demands of Sunbelt against FMW/MJH and WSA Construction. Signed by Senior Judge Graham Mullen on 2/2/2016. (Pro se litigant served by US Mail.) (tmg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Civil Action No. 3:13-cv-703-GCM FMW/MJH AT 2604 HILLSBOROUGH LLC, Plaintiff, v. WSA CONSTRUCTION, LLC; ALL SEASONS CLEANING SERVICE, INC.; AMERICAN CONCRETE PUMPING, INC.; ASSOCIATED FIRE PROTECTION, INC.; BOYCO CORP. LLC; CAPITOL RECYCLING, LLC; ENGLER, MEIER & JUSTUS, INC. D/B/A CIRCLE SUPPLY OF RALEIGH; CREGGER COMPANY, INC.; E T SALES, INC. D/B/A CAROLINA COUNTERS; EAGLE MAILBOX SALES, INC.; ELITE FLOORING & DESIGN, INC.; FATHER AND SON PAINTING CUSTOM PAINTING; FRANCO MASONRY CONCRETE, INC.; GERDAU AMERISTEEL US INC.; JRF MECHANICAL, INC.; MAZZ WELDING & FABRICATION, INC.; ORLANDO CABALLERO D/B/A OC DRYWALL & STUCCO; PINNACLE FIRE SYSTEMS, INC.; RALEIGH WATERPROOFING, INC.; SCHINDLER ELEVATOR CORPORATION; SUNBELT RENTALS, INC.; SUPERIOR WATERPROOFING, INC.; TALBERT BUILDING SUPPLY, INC.; TRIANGLE NORTH EXTERIORS, INC.; AND ZOCAM PLUMBING, INC., ORDER FOR DISMISSAL AS TO DEFENDANT SUNBELT RENTALS, INC. Defendants. HAVING CONSIDERED the Consent Motion for Dismissal as to Defendant Sunbelt Rentals, Inc. (“Sunbelt”), IT IS ORDERED, ADJUDGED, AND DECREED that the claims and demands of Plaintiff FMW/MJH at 2604 Hillsborough LLC (“FMW/MJH”) against Sunbelt and the claims and demands of Sunbelt against FMW/MJH and WSA Construction, LLC be, and the same hereby are, DISMISSED, with prejudice, each party to bear its own costs and expenses. This dismissal shall have no effect on Plaintiff’s claims against the remaining Defendants in this action. Signed: February 2, 2016 2

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