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17-218 - Townsend v. Win-Holt Equipment Corporation et al(MAG2)


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17-218 - Townsend v. Win-Holt Equipment Corporation et al(MAG2)
January 8, 2018
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REPORT AND RECOMMENDATION: It is the RECOMMENDATION of the Magistrate Judge that Defendants' motions to dismiss (Docs. 22, 24) are due to be DENIED. Objections to R&R due by 1/22/2018. Signed by Honorable Judge David A. Baker on 1/8/2018. (dmn, )
May 10, 2018
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JUDGMENT: Pursuant to the stipulation of dismissal (doc. no. 47), it is the ORDER, JUDGMENT, and DECREE of the court that defendant National Cart, LLC d/b/a National Cart Company (incorrectly named in the complaint as National Cart Corporation) is dismissed with prejudice and terminated as a party, with costs taxed as paid. All claims against defendant Win-Holt Corporation and the intervenors claims remain pending. It is further ORDERED that defendant National Cart Corporations motion to dismiss (doc. no. 24) is denied as moot. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 5/10/2018. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
May 11, 2018
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OPINION AND ORDER: It is ORDERED that: (1) The United States Magistrate Judge's recommendation (doc. no. 38) is adopted in part, as discussed above. (2) The motion to dismiss (doc. no. 22) is denied in part to the extent that it requests dismissal on the basis that the complaint is a shotgun pleading, butremains pending on the statute-of-limitations argument. (3) This case is referred back to the magistrate judge for further consideration in light of this order. Signed by Honorable Judge Myron H. Thompson on 5/11/2018. (Attachments: # (1) Civil Appeals Checklist)(dmn, )