BNSF Railway Company v. L.B. Foster Company, No. 4:2011cv03076 - Document 140 (D. Neb. 2013)

Court Description: MEMORANDUM AND ORDER- L.B. Fosters third party complaint against Herzog Services is dismissed without prejudice, and a final judgment will be entered on a separate document. Ordered by Senior Judge Warren K. Urbom. (MKR)
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BNSF Railway Company v. L.B. Foster Company Doc. 140 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA BNSF RAILWAY COMPANY, Plaintiff, v. L.B. FOSTER COMPANY Defendant and Third Party Plaintiff v. HERZOG SERVICES, INC. Third Party Defendant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4:11CV3076 MEMORANDUM AND ORDER On January 22, 2013, I ordered L.B. Foster to show cause why its third party complaint against Herzog Services should not be dismissed as moot and why a final judgment should not be entered in this case. (ECF No. 138.) L.B. Foster responded promptly to this order. (See ECF No. 139.) In its response, L.B. Foster states that it considers the third party complaint to be moot, and it has no objection to the entry of a final judgment. IT IS ORDERED that L.B. Foster’s third party complaint against Herzog Services is dismissed without prejudice, and a final judgment will be entered on a separate document. Dated January 29, 2013. BY THE COURT ____________________________________________ Warren K. Urbom United States Senior District Judge 1 Dockets.Justia.com