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McNUTT v. R&S METALS LLC

Case No. 19-cv-300-JPG.

STEPHEN McNUTT, Administrator of the Estate of Ronald D. McNutt, Deceased, Plaintiff, v. R&S METALS LLC, Defendant/Crossclaim Defendant, and AECOM ENERGY & CONSTRUCTION, INC.; ALBERICI CONSTRUCTORS, INC. and WASHINGTON GROUP-ALBERICI JOINT VENTURE, Defendants/Crossclaim Plaintiffs/Third-Party Plaintiffs, v. JAMES R. LANGSTON TRUCKING and RIVER METALS RECYCLING, LLC, Third-Party Defendants.

United States District Court, S.D. Illinois.

January 14, 2020.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Personal Injury
Nature of Suit: 360 P.I.: Other
Source: PACER

Attorney(s) appearing for the Case

Stephen McNutt, Administrator of the Estate of Ronald D. McNutt, Deceased, Plaintiff, represented by Nicholas Austin Kennady, Bryant Law Center PSC, William Kevin Shannon, Bryant Law Center PSC & G. Patrick Murphy, Murphy & Murphy, LLC.

Aecom Energy & Construction, Inc., an Ohio Corporation, Alberici Constructors, Inc., a Missouri Corporation & Washington Group-Alberici Joint Venture, a joint venture between Aecom Energy & Construction, Inc. and Alberici Constructors, Inc., Defendants, represented by Beth Kamp Veath, Brown & James.

R&S Metals LLC, Defendant, represented by Albert M. O'Danovich, Bullaro & Carton, P.C.

Washington Group-Alberici Joint Venture, a joint venture between Aecom Energy & Construction, Inc. and Alberici Constructors, Inc., Alberici Constructors, Inc., a Missouri Corporation & Aecom Energy & Construction, Inc., an Ohio Corporation, ThirdParty Plaintiffs, represented by Beth Kamp Veath, Brown & James.

James R. Langston Trucking, ThirdParty Defendant, represented by Daniel S. Alexander, Maron Marvel Bradley, et al, Killian Rene Walsh, Maron Marvel Bradley, et al & Thaddeus William Juilfs, Maron Marvel Bradley, et al.

R&S Metals LLC, doing business as Southern Metals Processing, ThirdParty Defendant, represented by Albert M. O'Danovich, Bullaro & Carton, P.C. & Seth A. LaPidus, Bullaro & Carton, P.C.

River Metals Recycling, LLC, ThirdParty Defendant, represented by Mark C. Galasso, Tribler, Orpett & Meyer, P.C. & Amy Marie Kunzer, Tribler, Orpett & Meyer, P.C.

MEMORANDUM AND ORDER

This matter comes before the Court on a variety of motions to dismiss third-party claims pursuant to Federal Rule of Civil Procedure 12(b)(6). Before getting to the substance of the motions, the Court reviews the genesis of this case.

I. Background

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