Hill v. Briggs & Stratton LLC et al

Filing 81

ORDER granting in part and denying in part 80 Motion to Dismiss. Midwest Can Company's third-party claims against Homier are DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 21 and the Clerk is DIRECTED to terminate Th ird-Party Defendant Homier & Sons, Inc., as a party on the docket. Midwest's request to dismiss Homier as a Fourth-Party Plaintiff and Pace as a Fourth-Party Defendant is DENIED WITHOUT PREJUDICE. If Homier wishes to dismiss its fourth-party claims against Pace, it may file a motion to that effect. Signed by Magistrate Judge Chelsey M. Vascura on 3/5/2025. (agm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
DOUGLAS W. HILL,
Plaintiff,
v.

Civil Action 2:23-cv-2243
Judge Sarah D. Morrison
Magistrate Judge Chelsey M. Vascura

MIDWEST CAN COMPANY,
Defendants.

ORDER
This matter is before the Court on Third-Party Defendant Midwest Can Company’s
Motion for Voluntary Dismissal of Third-Party Defendant Homier & Sons, Inc., Without
Prejudice (ECF No. 80). The Motion is GRANTED IN PART and DENIED IN PART.
Midwest represents that Homier consents to dismissal of Midwest’s third-party claims against it.
Accordingly, Midwest’s third-party claims against Homier are DISMISSED WITHOUT
PREJUDICE pursuant to Federal Rule of Civil Procedure 21 and the Clerk is DIRECTED to
terminate Third-Party Defendant Homier & Sons, Inc., as a party on the docket.
Midwest also suggests that dismissal of Homier will automatically result in dismissal
Fourth-Party Defendant Pace, Inc., as claims against Pace were made solely by Homier. Midwest
cites no authority for this automatic dismissal. Moreover, Midwest’s motion does not reflect that
either Homier or Pace were consulted regarding the dismissal of Homier’s fourth-party claims
against Pace. Accordingly, Midwest’s request to dismiss Homier as a Fourth-Party Plaintiff and

Pace as a Fourth-Party Defendant is DENIED WITHOUT PREJUDICE. If Homier wishes to
dismiss its fourth-party claims against Pace, it may file a motion to that effect.

IT IS SO ORDERED.

/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE

2