Cornell v. Mississippi Lime Company, No. 4:2013cv02287 - Document 19 (N.D. Ohio 2014)
Court Description: Memorandum of Opinion and Order For the reasons set forth herein, the Court grants Wellsville's 14 Motion to Dismiss, and dismisses Mississippi Lime's Third-Party Complaint. Judge Benita Y. Pearson on 1/29/2014. (JLG)
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Cornell v. Mississippi Lime Company Doc. 19 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION MR. JERRY CORNELL, Plaintiff, v. MISSISSIPPI LIME CO., Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 4:13cv2287 JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER [Regarding ECF No. 14] On December 20, 2013, Third-Party Defendant Wellsville Terminal Company (“Wellsville”) filed a Motion to Dismiss Third-Party Plaintiff Mississippi Lime Company’s (“Mississippi Lime”) Third-Party Complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 14. Mississippi Lime has not responded. Pursuant to Local Rule 7.1(d), a memorandum in opposition was due on January 22, 2014. No opposition has been filed. The Court has reviewed Wellsville’s motion to dismiss, and finds that it is supported by the record and applicable case law. Accordingly, the Court grants Wellsville’s motion, and dismisses Mississippi Lime’s Third-Party Complaint. IT IS SO ORDERED. January 29, 2014 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge Dockets.Justia.com
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