Garcia v. Cummings et al

Filing 57

ORDER re: pltf Daniel Garcia's stipulation to dismiss 54 - It is hereby ORDERED that: 1. All claims by Daniel Garcia as pltf vs Dawn Cummings... deft are DISMISSED.; 2. All claims by Garcia as pltf against Black Horse Carriers deft DISMISSED.; 3. All claims by Garcia as 3rd party pltf against Roger's Towing DISMISSED.; 4. Clrk of Ct to term Daniel Garcia as pltf & 3rd party pltf, to term Dawn Cummings... & Black Horse Carriers as defts, to term Roger's Towingas 3rd party deft w/ re: claims by Garcia but claims of estate of Cummings as consol pltf against Garcia & Prime Inc as consol defts not dismissed & any claims of Cummings as 3rd party pltf afainst Roger's Towing as 3rd party deft not dismissed. (See order for complete details.) Signed by Honorable Christopher C. Conner on 09/30/09. (ki)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DANIEL GARCIA, Plaintiff

: CIVIL ACTION NO. 1:07-CV-1886 : : (CONSOLIDATED) v. : : (Judge Conner) DAWN CUMMINGS, et al., : Defendants : --------------------------------------------------------------------------DAWN CUMMINGS, et al., : Consolidated Plaintiff : : v. : : DANIEL GARCIA, et al., : Consolidated Defendants : --------------------------------------------------------------------------DAWN CUMMINGS, et al., : Third-Party Plaintiff : : v. : : ROGER'S TOWING, INC. : Third-Party Defendant : ORDER AND NOW, this 30th day of September, 2009, upon consideration of plaintiff's stipulation to dismiss (Doc. 54), wherein plaintiff requests that any and all claims he has brought in this action against defendant Dawn Cummings, administratrix of the estate of Walter Cummings, defendant Black Horse Carriers, and third-party defendant Roger's Towing be dismissed, it is hereby ORDERED that:

1.

All claims brought by Daniel Garcia, as plaintiff, against Dawn Cummings, administratrix of the estate of Walter Cummings, as defendant, are DISMISSED. All claims brought by Daniel Garcia, as plaintiff, against Black Horse Carriers, Inc., as defendant, are DISMISSED. All claims brought by Daniel Garcia, as third-party plaintiff, against Roger's Towing, Inc., as third-party defendant, are DISMISSED. The Clerk of Court is instructed to TERMINATE Daniel Garcia as a plaintiff and as a third-party plaintiff in the above-captioned matter. The Clerk of Court is further instructed to TERMINATE Dawn Cummings, administratrix of the estate of Walter Cummings, and Black Horse Carriers, Inc. as defendants. The Clerk of Court is further instructed to TERMINATE Roger's Towing, Inc., as third-party defendant, with respect to the claims brought against it by Daniel Garcia, as third-party plaintiff. However, any claims of the estate of Cummings, as consolidated plaintiff, against Daniel Garcia and Prime, Inc., as consolidated defendants, should not be dismissed. Further, any claims of the estate of Cummings, as third-party plaintiff, against Roger's Towing, Inc., as third-party defendant, shall not be dismissed.

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S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge