Earthmovers, Inc. vs. Shon Massey et al.,
| Earthmovers Inc. |
| Tri-State Trucking LLC, Shon Massey Trucking Inc. and Shon Massey |
| 5:2007cv04134 |
| November 20, 2007 |
| US District Court for the District of Kansas |
| Topeka Office |
| Washington |
| Sam A. Crow |
| K. Gary Sebelius |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Defendant |
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Filing
108
MEMORANDUM AND ORDER. Plaintiff EMI's motion to dismiss without prejudice counts 5 and 6 of its first amended complaint 93 is granted on the conditions stated in this Memorandum and Order; the defendants motion to dismiss for failure to state a claim upon which relief can be granted 64 is denied as moot; and the counterclaim defendant EMI's motion to dismiss the counterclaims of Shon Massey 52 is denied as moot in light of the subsequent filing of the first amended answer and counterclaim 87 . See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 12/17/08. (bmw)
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Filing
18
ORDER granting 2 Motion for Joinder. D&K Trucking, Inc. and Monts Welding Service, Inc. shall be joined as plaintiffs to the counterclaim stated in Defendants Answer and Counterclaim. Further, Richard T. Bailey shall be made a defendant to the cou nterclaim stated in Defendants Answer and Counterclaim. Counterclaim plaintiffs shall proceed with service of process immediately as to counterclaim defendant Richard T. Bailey. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 02/07/08. (wl)
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