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15-056 - Myers et al v. DuBrueler et al


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15-056 - Myers et al v. DuBrueler et al
June 3, 2016
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS SECOND MOTION FOR SUMMARY JUDGMENT: Defendants 74 Second Motion for Summary Judgment is GRANTED. The Court ORDERS that the Plaintiff's negligence claim against Defendant John Doe is hereby DISMISSED WITHOUT PREJUDICE. The Court further ORDERS that the Plaintiff's vicarious liability claims against Defendants Steven DuBrueler; POBAC, LLC; and PODS Enterprises, Inc., are hereby DISMISSED WITHOUT PREJUDICE. The Court ORDERS that the Plaintiff' negligence claim against Defendant Steven DuBrueler is hereby DISMISSED WITH PREJUDICE. The Court ORDERS that the Defendants 55 First Motion for Summary Judgment and Defendants 86 Motions in Limine are DENIED AS MOOT. The Court ORDERS this matter stricken from its active docket. The Clerk is DIRECTED, pursuant to Federal Rule of Civil Procedure 58, to enter a separate judgment order in favor of the Defendants. Signed by Chief Judge Gina M. Groh on 6/3/2016. (cwm)