Diamond v. Mohawk Ind.

Filing 36

ORDER DISMISSING CASE, Granting in Part and Denying in Part 32 MOTION to Dismiss and For Sanctions filed by Mohawk Ind.. Court Dismisses Plaintiff's case With Prejudice and strikes the case from the active docket. The April 14, 2014 court trial is hereby Cancelled.. Signed by Judge Norman K. Moon on 4/10/14. (hnw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION
PHILLIP B. DIAMOND,

CASE NO. 6:12-cv-00057
Plaintiff,
v.

ORDER

MOHAWK INDUSTRIES, INC.,
Defendant.

JUDGE NORMAN K. MOON

This matter is before the Court on Defendant Mohawk Industries, Inc.’s Motion to
Dismiss and for Sanctions (“Motion to Dismiss”) (docket no. 32). For the reasons in the
accompanying memorandum opinion, Defendant’s Motion to Dismiss (docket no. 32) is hereby
GRANTED in part and DENIED in part. In accordance with the memorandum opinion, I
DISMISS Plaintiff’s case WITH PREJUDICE and ORDER that the Clerk strike the case from
the active docket of the Court. The April 14, 2014 court trial scheduled in this case is hereby
CANCELED.
The Clerk of the Court is directed to send a certified copy of this order to all counsel of
record, and to Defendant at 432 Pocahontas Street, Glasgow, VA 24555, and at 1217 Anderson
Street, Glasgow, VA 24555.
It is so ORDERED.
10th
Entered this ________ day of April, 2014.