Mays v. Al-Amin Brothers Transportation, L.L.C. et al

Filing 57

FINAL ORDER GRANTING WITHOUT PREJUDICE Defendant's 31 Motion to Dismiss for Lack of Jurisdiction and 38 Motion to Dismiss for Lack of Jurisdiction; GRANTING Plaintiff's 50 Motion for Leave to File Sur-Reply and GRANTING Defendant's 43 Motion to Amend. Signed by District Judge James R. Spencer on 6/11/2009. (lhin, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION TONY LAMAR MAYS, Plaintiff/ Cross-claimant, v. AL-AMIN BROTHERS TRANSPORTATION, L.L.C., and ART LEASING, INC., Defendants/ Third Party Plaintiffs, v. COMMERCE and INDUSTRY INSURANCE CO., Third Party Defendant/ Cross Defendant. FINAL ORDER THIS MATTER is before the Court on Defendants's and Third-Party Defendant's Rule 12(b)(1) and 12(b)(6) Motions to Dismiss (Doc. Nos. 31 and 38), Defendants's Motion to Amend (Doc. No. 43), and Plaintiff's Motion for Leave to File a Sur-Reply (Doc. No. 50). For the reasons stated in the accompanying Memorandum Opinion, this Court GRANTS WITHOUT PREJUDICE the Motions to Dismiss, GRANTS Defendants Motion to Amend, and GRANTS Plaintiff's Motion for Leave to File a Sur-Reply. Let the Clerk send a copy of this Order to all counsel of record. It is SO ORDERED.

Civil Number 3:08CV765

/s/ James R. Spencer Chief United States District Judge

Entered this 11th

day of June 2009.