Opinion
Civil Action 3:20-0022
04-14-2022
MIDVALE PAPER BOX COMPANY, INC., Plaintiff v. CINTAS CORPORATION d/b/a CINTAS FIRE PROTECTION, Defendant/Third Party Plaintiff and CUSTOM SEATS, INC. d/b/a BACKSPIN SEATING, Third Party Defendant
ORDER
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE.
In accordance with the court's memorandum issued this same day, IT IS HEREBY ORDRED THAT:
(1) Cintas's third-party complaint, (Doc. 19), is DISMISSED without prejudice. Cintas shall file an amended complaint that adequately alleges subject matter jurisdiction within twenty-one (21) days of the date of this Order. The court will direct the Clerk of Court to close this case if Cintas fails to file a timely amended complaint.
(2) Because Cintas' third-party complaint is dismissed, Custom Seats' cross-claims asserted against Cintas, (Doc. 23), and motion for summary judgment on its cross-claims, (Doc. 65), are DISMISSED without prejudice as moot. For the same reason, Cintas' motion for summary judgment, (Doc. 64), is DISMISSED without prejudice as moot.