Opinion
Civil No. 06-1615 (DSD/JJG).
August 28, 2007
ORDER
This matter is before the court on third-party defendant East Central Energy's motion for summary judgment.
The facts giving rise to this order are detailed in King v Liberty Homes, Inc., No. 06-1615, 2007 U.S. Dist. LEXIS 55865, at *1-3 (D. Minn. July 31, 2007). Third-party plaintiff Liberty Homes filed a third-party claim against third-party defendant East Central Energy. Liberty Homes was later dismissed from the underlying action. See id. at *8. Therefore, Liberty Homes' claim against East Central Energy is moot.
Accordingly, IT IS HEREBY ORDERED that Liberty Homes' third-party action against East Central Energy is dismissed without prejudice.