Brackett v. State Highways & Transportation Commission

WHIPPLE, District Judge.

Pending before this Court are three motions concerning the status of Defendant Todey: 1) Plaintiff Brackett’s Motion to Dismiss Without Prejudice [Count II of Plaintiffs First Amended Petition against Defendant Paul Todey], of July 19,1995; 2) Defendant Todey’s Motion to Dismiss Paul Todey from Count II of Plaintiffs First Amended Complaint, of May 30, 1995; and 3) Paul Todey’s Suggestions in Opposition to Plaintiffs Motion to Dismiss Without Prejudice, of May 30, 1995, in which Mr. Todey asks for dismissal of the count with prejudice. For the reasons set forth below,…