Hog Wild Trucking, Inc. v. Kumho Tire U.S.A., Inc., 3:18-CV-00254 BSM. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190529a57
Visitors: 5
Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: ORDER BRIAN S. MILLER , Chief District Judge . The parties have indicated in their Rule 26(f) report [Doc. No. 31] that Hog Wild Trucking, Inc. does not have the legal capacity to bring this lawsuit because of a prior bankruptcy proceeding. It appears, however, that Hog Wild's claims were assigned to Bud Barnes, a former employee, who already filed a similar lawsuit against defendants. See Barnes v. Kumho Tire U.S.A., Inc. et al., Case No. 3:19-CV-00076 BSM (E.D. Ark. filed March 29, 2019
Summary: ORDER BRIAN S. MILLER , Chief District Judge . The parties have indicated in their Rule 26(f) report [Doc. No. 31] that Hog Wild Trucking, Inc. does not have the legal capacity to bring this lawsuit because of a prior bankruptcy proceeding. It appears, however, that Hog Wild's claims were assigned to Bud Barnes, a former employee, who already filed a similar lawsuit against defendants. See Barnes v. Kumho Tire U.S.A., Inc. et al., Case No. 3:19-CV-00076 BSM (E.D. Ark. filed March 29, 2019)..
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ORDER
BRIAN S. MILLER, Chief District Judge.
The parties have indicated in their Rule 26(f) report [Doc. No. 31] that Hog Wild Trucking, Inc. does not have the legal capacity to bring this lawsuit because of a prior bankruptcy proceeding. It appears, however, that Hog Wild's claims were assigned to Bud Barnes, a former employee, who already filed a similar lawsuit against defendants. See Barnes v. Kumho Tire U.S.A., Inc. et al., Case No. 3:19-CV-00076 BSM (E.D. Ark. filed March 29, 2019).
Assuming that Barnes validly serves all defendants, the parties propose to dismiss this case and proceed with the Barnes lawsuit. Their specific plan, as it has been outlined in the Rule 26 report, is acceptable. When they are ready to proceed, the parties should file a motion to dismiss this lawsuit without prejudice.
Source: Leagle
