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Virgil Smith, Individually, and Adam Smith, Through His Legal v. Phoenix Seating Systems

December 28, 2012

VIRGIL SMITH, INDIVIDUALLY, AND ADAM SMITH, THROUGH HIS LEGAL GUARDIAN, VIRGIL SMITH, PLAINTIFFS,
v.
PHOENIX SEATING SYSTEMS, LLC, D/B/A FALCON/LEBAC SYSTEMS, DEFENDANT/THIRD PARTY PLAINTIFF,
v.
VELO ENTERPRISES CO., LTD., AND RATTOX CORPORATION, THIRD-PARTY DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge:

MEMORANDUM AND ORDER

Pending before the Court is plaintiffs' motion to dismiss without prejudice (Doc. 126). Plaintiffs seek dismissal without prejudice of defendant PhoeniX Seating Systems, LLC d/b/a Falcon/Lebac Systems (Phoenix), and third-party defendants Velo Enterprise Co., Ltd., and Rattox Corporation. Plaintiffs state no defendant or third-party defendant objects to their request. However, the Court GRANTS Plaintiffs' motion solely as to defendant Phoenix. Thus, Phoenix is dismissed without prejudice as a defendant from this action. However, as this matter is set for final pretrial conference on January 7, 2013, Phoenix is directed to inform the Court by January 3, 2013, whether a final pretrial conference is still necessary regarding resolution of its pending third party complaint.

IT IS SO ORDERED.

Digitally signed by

Date: 2012.12.28 10:38:01 -06'00'

David R. Herndon Chief Judge United States District Court

20121228

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