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Asplundh Tree Expert, LLC v. Villines

United States District Court, W.D. Arkansas, Fort Smith Division

February 27, 2019

ASPLUNDH TREE EXPERT, LLC PLAINTIFF
v.
UTAH SHERMAN VILLINES; JUSTIN JAMES VILLINES; JASON BO VILLINES; SHERMAN VILLINES; and LESTER D. DAVIDSON DEFENDANTS

          ORDER

          P.K. HOLMES, III U.S. DISTRICT JUDGE

         Before the Court is a joint motion (Doc. 33) for partial dismissal and entry of order and judgment filed by all parties. Pursuant to the agreement of Asplundh Tree Expert, LLC (“Asplundh”) and Separate Defendants Utah Sherman Villines, Justin James Villines, Jason Bo Villines, Sherman Villines (collectively, “the Villines Defendants”), and Lester D. Davidson, the Court GRANTS the joint motion and hereby FINDS and ORDERS as follows:

         1. Pursuant to Rule 41(a)(2), on the agreement of the parties, Asplundh's claims against Defendant Lester D. Davidson are dismissed without prejudice.

         2. That Asplundh specializes in tree pruning and vegetation management in work it performs throughout the United States, including Arkansas.

         3. That Asplundh is a Pennsylvania limited liability company authorized to conduct business in Arkansas.

         4. That Asplundh's members consist of the following entities, none of which is a citizen of Arkansas:

a. Asplundh Holdco, Inc., a Pennsylvania corporation having its principal place of business in Pennsylvania;
b. CGLA, Inc., a Delaware corporation having its principal place of business in Delaware; and
c. Gorilla Investor, LLC, a Delaware limited liability company, the sole member of which is Gorilla Holdco, Inc., a Delaware corporation having its principal place of business in Delaware.

         5. That Utah Sherman Villines, having a date of birth of 08-xx-1964 and Social Security Number 430-37-xxxx, is a citizen of Arkansas residing in the Western District of Arkansas.

         6. That Justin James Villines, having a date of birth of 02-xx-1974 and Social Security Number 430-37-xxxx, is a citizen of Arkansas residing in the Western District of Arkansas. Justin Villines is the brother of Utah Villines and Jason Villines.

         7. That Jason Bo Villines, having a date of birth of 10-xx-1981 and Social Security Number 429-49-xxxx, is a citizen of Arkansas residing in the Western District of Arkansas. Jason Villines is the brother of Utah Villines and Justin Villines.

         8. That Sherman Villines, having a date of birth of 11-xx-1936 and Social Security Number 331-32-xxxx, is a citizen of Arkansas residing in the Western District of Arkansas. Sherman Villines is the father of Utah Villines, Justin Villines, and Jason Villines.

         9. That this Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1332 as the parties are diverse and the ...


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