Parillo et al v. New Werner Co. et a.

Filing 65

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)

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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 Plaintiffs, : : v. : : WERNER CO., et al., : : Defendants. : ______________________________________________________________________________ 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 1 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 2

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