Herrod et al v. Metal Powder Products et al

Filing 119

MEMORANDUM DECISION AND ORDER GRANTING SUMMARY JUDGMENT as to defendants Burrand Inc and Ceromet Inc for the same reasons as expressed in the Court's 8/20/09 Memorandum Decision granting summary judgment to defendants Metal Powder Products Inc., Timpte, Inc. and Timpte Industries. The Clerk of Court is directed to close the case forthwith. Signed by Judge Ted Stewart on 9/4/09. (ce)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION

CATHERINE HERROD and ALAN PARKINSON as guardians ad litem for SCOTT HERROD, et al., Plaintiffs, MEMORANDUM DECISION AND ORDER GRANTING SUMMARY JUDGMENT

vs.

METAL POWDER PRODUCTS, INC., et al., Defendants.

Case No. 1:07-CV-23 TS

On August 20, 2009, the Court issued a Memorandum Decision and Order granting summary judgment to Defendants Metal Powder Products ("MPP"), Inc. Timpte, Inc., and Timpte Industries. On August 24, 2009, the Court issued an Order to Show Cause, noting that the two remaining Defendants, Burrand, Inc. ("Burrand") and Ceromet, Inc. ("Ceromet"), had never been served, and directing Plaintiffs to respond informing the Court why all claims against Burrand and Ceromet should not be dismissed for failure of service. Plaintiffs respond that Ceromet and its wholly owned subsidiary, Burrand, were the companies which initially manufactured the Pro-Torq product line, including the product at issue in this case. Plaintiff argues that all assets and liabilities of Ceromet and Burrand were assumed by 1

MPP, and that all claims against Ceromet and Burrand should be dismissed pursuant to the Court's August 20, 2009 grant of summary judgment, rather than for failure to serve. The Court agrees. It is therefore ORDERED that summary judgment is hereby GRANTED to Defendants Burrand, Inc. and Ceromet, Inc. for the same reasons as expressed in the Court's August 20, 2009 Memorandum Decision granting summary judgment to Defendants Metal Powder Products, Inc., Timpte, Inc., and Timpte Industries. The Clerk of the Court is directed to close the case forthwith. DATED September 4, 2009. BY THE COURT:

_____________________________________ TED STEWART United States District Judge

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