Fond du Lac Bumper Exchange Inc v. Jui Li Enterprise Company Ltd et al

Filing 291

ORDER signed by Judge Lynn Adelman on 5/4/2012 granting (261) Motion to Dismiss Party in case 2:09-cv-00852-LA; granting (58) Motion to Dismiss Party in case 2:10-cv-00224-LA. The Vehimax Complaint is dismissed with prejudice. (cc: all counsel) (nts)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
FOND DU LAC BUMPER EXCHANGE, INC. and
ROBERTS WHOLESALE BODY PARTS, INC. on
behalf of themselves and all others
similarly situated,

CASE NO: 2:09-CV-00852-LA
Judge Lynn Adelman

Plaintiffs,
vs.
JUI LI ENTERPRISES COMPANY, LTD., et al.
Defendants.
VEHIMAX INTERNATIONAL, LLC on behalf of
itself and all others similarly situated,
Plaintiff,

CASE NO: 2:10-CV-00224-LA
Judge Lynn Adelman

vs.
JUI LI ENTERPRISE COMPANY LTD.;
TAIWAN KAI YIH INDUSTRIAL CO., LTD.;
GORDON AUTO BODY PARTS; and AUTO
PARTS INDUSTRIAL, LTD.
Defendants.
ARKANSAS TRANSIT , ARKANSAS TRANSIT
HOMES, INC., OLIVIA LEE, PATRICK
TORREY, MARY FOWLER, et al.,
Plaintiffs,

CASE NO. 2:11-CV-00162-LA

Judge Lynn Adelman

vs.
JUI LI ENTERPRISE COMPANY LTD., et al.,,
Defendants
ORDER GRANTING DEFENDANTS’ JOINT MOTION PURSUANT TO RULE
41(b) TO DISMISS CLASS REPRESENTATIVE VEHIMAX INTERNATIONAL, LLC
WITH PREJUDICE

Defendants Gordon Auto Body Parts Co., Ltd., Auto Parts Industrial, Ltd., Cornerstone
Auto Parts LLC, Taiwan Kai Yih Industrial Co., Ltd., TYG Products, L.P., and Jui Li
Enterprise Co. Ltd. (collectively, “Defendants”) moved this Court for an order dismissing the
Complaint of Class Representative Vehimax International, Inc. (“Vehimax”) [CASE NO:
2:10-CV-00224-LA (the “Vehimax Complaint”), consolidated with Arkansas Transit et al. v.
Jui Li Enterprises Co. Ltd., et al., CASE NO. 2:11-CV-00162-LA (“Arkansas Transit”), and
Fond Du Lac Bumper Exchange, Inc. v. Jui Li Enterprises Co. Ltd. et al., CASE NO: 2:09CV-00852-LA (“Fond Du Lac”)] pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure with prejudice as to Vehimax’s ability to re-file a representative or intervenor
complaint in the future in this action, but without prejudice as its rights to remain as a putative
class member (the “Motion”).
IT IS THEREFORE ORDERED that Defendants’ Motion is GRANTED and that:
(1)

The Vehimax Complaint is hereby dismissed with prejudice. Vehimax is hereby

barred from re-filing a complaint in this action in either its own or in a representative capacity
and as either as a class representative, plaintiff, or intervenor.
(2)

Vehimax is not, however, barred from remaining as a member of the putative class

member and this Order of dismissal in no way constitutes a waiver of its rights as a member of
the putative class.
IT IS SO ORDERED:
Dated:

5/4/2012

s/ Lynn Adelman
Honorable Lynn Adelman
United States District Judge

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