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