Harbison v. Rich Gullet and Sons, Inc.
| Fred Harbison, Jr. |
| Rich Gullet and Sons, Inc. |
| 4:2013cv01138 |
| June 14, 2013 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Shirley P. Mensah |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Filing
169
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Joint Motion to Dismiss McCann Concrete Products, Inc., McDonough-Whitlow, P.C. and Union Electric Company, d/b/a Ameren UE, d/b/a Ameren Missouri (Doc. 160 ) is GRANTED. IT IS FURTHER ORDERED th at all pending contribution claims in this action against McCann Concrete Products, Inc. (Docs. 114 , 118 ) are DISMISSED with prejudice. IT IS FURTHER ORDERED that all pending contribution claims in this action against McDonough-Whitlow, P.C. (Do cs. 115 , 119 ) are DISMISSED with prejudice. IT IS FURTHER ORDERED that McDonough's contractual indemnity crossclaim against McCann Concrete Products, Inc. (Doc. 109 ) is DISMISSED with prejudice. IT IS FURTHER ORDERED that McDonough-Whitlow, P.C.'s crossclaim against Union Electric Company, d/b/a Ameren UE, d/b/a Ameren Missouri (Doc. 109 ) is DISMISSED without prejudice. Signed by Magistrate Judge Shirley P. Mensah on 7/13/15. (ARL)
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Filing
153
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the word "indemnity" is stricken from Paragraph 19 of McGraths Counterclaim for Contribution against McDonough (Doc. 119 ). IT IS FURTHER ORDERED that the word "indemnity" is st ricken from Paragraph 7 of Rich Gullet's Amended Cross-Claim against McDonough (Doc. 115 ). IT IS FURTHER ORDERED that McDonough's motion to dismiss or for a more definite statement regarding McGrath's Counterclaim (Doc. 124 ) is DE NIED AS MOOT. IT IS FURTHER ORDERED that McDonough's motion to dismiss or for a more definite statement regarding Rich Gullet's Amended Cross-Claims (Doc. 125 ) is GRANTED IN PART and DENIED IN PART. With regard to Count I ("Contribution"), the motion is DENIED AS MOOT. With regard to Count II ("Common Law Indemnity/Equitable Indemnity"), the motion is GRANTED. Signed by Magistrate Judge Shirley P. Mensah on 4/9/15. (JWD)
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Filing
152
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motions to dismiss, strike, and/or hold separate trials on the claims against McCann (Docs. 122-1, 122-2, and 126-1), are DENIED.. Signed by Magistrate Judge Shirley P. Mensah on 3/4/15. (LGK)
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Filing
102
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion to dismiss Plaintiff's claim against Defendant McDonough-Whitlow, P.C., dismiss and/or sever Defendant Rich Gullet and Sons, Inc.'s cross-claim against McDonoug h-Whitlow, P.C., and dismiss and/or sever McDonough-Whitlow, P.C.s third-party claims against McCann Concrete Products, Inc., McGrath and Associates, and Ameren UE (Doc. 93 ) is GRANTED IN PART and DENIED IN PART. The motion to dismiss Plaintiff& #039;s claim against Defendant McDonough-Whitlow, P.C. is GRANTED; the motion to dismiss and/or sever Defendant Rich Gullet and Sons, Inc.'s cross claim against McDonough is DENIED; and the motion to dismiss and/or sever McDonoughs third part y claims against McCann Concrete Products, Inc., McGrath and Associates, and Ameren UE is DENIED. IT IS FURTHER ORDERED that Plaintiff's claim against Defendant McDonough-Whitlow, P.C., is DISMISSED. IT IS FURTHER ORDERED that Rich Gullet and Sons, Inc.'s request that its crossclaim against McDonough-Whitlow be treated as a third-party claim (Doc. 87 ) is GRANTED. Signed by Magistrate Judge Shirley P. Mensah on 10/29/14. (JWD)
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| Plaintiff: Fred Harbison, Jr. | |
| Represented By: | Donald L. Schlapprizzi |
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| Defendant: Rich Gullet and Sons, Inc. | |
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