Parillo et al v. New Werner Co. et a.
ORDER denying 59 Motion for Summary Judgment as moot and granting 63 Joint Motion to Drop Parties. Signed by Judge Thomas M. Rose on 1-19-2017. (de)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVE J. PARILLO and
THERESA K. PARILLO,
Case No. 3:14-cv-369
Judge Thomas M. Rose
WERNER CO., et al.,
ORDER GRANTING JOINT MOTION TO DROP PARTIES (DOC. 63) AND
DENYING MOTION FOR SUMMARY JUDGMENT (DOC. 59) AS MOOT
This case is before the Court on the Motion for Summary Judgment (Doc. 59) filed by
Defendants Werner Company and New Werner Holding Company, Inc. (the “Werner
Defendants”) and the Joint Motion to Drop Parties (Doc. 63) filed by Plaintiffs Dave and Theresa
Parillo (“Plaintiffs”) and the Werner Defendants. On August 19, 2016, the Werner Defendants
filed the Motion for Summary Judgment on all claims against them under Fed. R. Civ. P. 56.
Plaintiffs requested and were granted three unopposed extensions of time to respond to the
Motion for Summary Judgment, after which, on December 19, 2016, Plaintiffs and the Werner
Defendants filed the Joint Motion to Drop Parties. Plaintiffs and the Werner Defendants move to
drop, without prejudice, the Werner Defendants as parties under Fed. R. Civ. P. 21, which would
leave only Lowe’s Home Centers, Inc. as a Defendant.
No one has filed any objection to the Motion to Drop Parties, and the time to do so has
expired. Accordingly, the Court hereby GRANTS the Motion to Drop Parties (Doc. 63) and
DISMISSES, without prejudice, the Werner Defendants from this action.
As the Werner
Defendants are no longer parties, the Court DENIES their Motion for Summary Judgment (Doc.
59) as moot.
DONE and ORDERED in Dayton, Ohio, this Thursday, January 19, 2017.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
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