Shrader v. Harman Mining Corp.

GLEN M. WILLIAMS, Senior District Judge.

This action is presently before this court on Third-Party Defendants’ Michael H. Holland, Donald E. Pierce, Elliot A. Segal, and Joseph J. Stahl II (collectively, “Trustees”) Fed.R.Civ.P. 12(b)(1) and (6) motions to dismiss. Third-Party Plaintiff Harman Mining Corporation (Harman) opposes the Trustees’ motion. In considering a Fed.R.Civ.P. 12(b)(1) and (6) motions, this court mil not consider any matters outside the pleadings which have been presented to this court.

I

Plaintiff Jackie Shrader (Shrader) originally filed this action against Harman pursuant…