Opinion
Case No. 12-2769-JTM
01-18-2013
COLEY GASSAWAY, Plaintiff, v. JARDEN CORP., SUNBEAM PRODUCTS, INC. d/b/a/ JARDEN CONSUMER SOLUTIONS, and WAL-MART STORES, INC., et al., Defendants.
MEMORANDUM AND ORDER
The court has before it defendants' Motion to Dismiss (Dkt. 7). In the motion, defendants' argument for dismissal based on res judicata is contingent upon the plaintiff's previously filed lawsuit in the District of Kansas, Gassaway v. Jarden Corp., et al. 11-CV-2496-RDR being dismissed with prejudice. The court dismissed that case without prejudice on March 21, 2012, but defendants filed a motion to convert the judgment into a dismissal with prejudice. On January 15, 2013, the court denied the motion. As the earlier suit was not dismissed with prejudice, defendants' arguments for dismissal of this case based on res judicata are moot. Accordingly, the court denies the motion.
IT IS THEREFORE ORDERED this 18th day of January 2013, that defendants' Motion to Dismiss (Dkt. 7) is denied as moot.
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J. THOMAS MARTEN, JUDGE