Bell v. Mine Safety Appliances Company

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

VICKIE BELL; PHILLIP B. BELL, JR.; and JONATHAN BELL PLAINTIFFS

v. Case No. 1:13-cv-1075

MINE SAFETY APPLIANCES; RUEMELIN MANUFACTURING COMPANY, INC.; PULMOSAN SAFETY EQUIPMENT CORPORATION; CLEMCO INDUSTRIES, INC.; and JOHN DOES 1-7 DEFENDANTS

ORDER

In accordance with the Eighth Circuit’s opinion in Bell v. Pulmosan Safety Equipment Corporation, 906 F.3d 711 (2018), the Court finds that it lacks jurisdiction over Defendant Pulmosan Safety Equipment Corporation (“Pulmosan”). Accordingly, the Judgment (ECF No. 208) of August 29, 2016, is void and VACATED. Likewise, the order granting Plaintiffs’ Motion for Default Judgment (ECF No. 206) is hereby VACATED and Plaintiffs’ Motion for Default Judgment (ECF No. 200) is DENIED. Furthermore, the order denying Pulmosan’s Motion to Vacate Judgment Under Rule 60(b)(4) (ECF No. 215) is VACATED and Pulmosan’s Motion to Vacate Judgment Under Rule 60(b)(4) (ECF No. 209) is GRANTED. IT IS SO ORDERED, this 16th day of November, 2018. /s/ Susan O. Hickey Susan O. Hickey United States District Judge