Dunn et al v. J.E. Dunn Construction Company et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TAYLOR DUNN, and CHYNNA BELL,
Plaintiffs,
vs.
J.E. DUNN CONSTRUCTION COMPANY,
BLUE HAT CRANE, LLC, INDUSTRIAL
EQUIPMENT SALES & SERVICE CO., INC.,
and LUCAS K. LOFTIS, CORVEL
ENTERPRISE COMP, INC.,
Defendants.
4:22CV3056
DISMISSAL ORDER
This matter is before the Court on Plaintiff Chynna Bell’s Motion to Dismiss her Loss of
Consortium Claim against Defendants with prejudice. (Filing No. 177.) The Court reached out to
counsel by email to inquire whether there was any objection to Bell’s motion. Defendants
Industrial Equipment Sales & Service Co., Inc.; J.E. Dunn Construction Company; and Blue Hat
Crane, LLC filed briefs stating that they only object to the motion to the extent the motion,
proposed order, and supporting brief indicate that Barnhart Crane and Rigging Co. is a party to the
litigation, which it is not. (Filing No. 179; Filing No. 180.) Defendant Lucas Loftis informed the
Court that he would not be filing a response to the motion. Plaintiff Taylor Dunn and Corvel
Enterprise Comp, Inc. did not respond to the Court’s message.1 The Court construes these parties’
silence as meaning they do not object.
1 As set out in the Order on Final Pretrial Conference, Defendant Corvel Enterprise Comp, Inc. and its counsel do not
plan to actively participate at trial. (Filing No. 157.)
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2
Having considered the matter, the Court will grant Bell’s motion, but the motion will not
be construed as applying to Barnhart Crane and Rigging Co., as Barnhart is not a party to this
litigation.
Accordingly,
IT IS ORDERED:
1. Plaintiff Chynna Bell’s Motion to Dismiss her Loss of Consortium Claim (Filing No.
177) with prejudice as to Defendants J.E. Dunn Construction Company; Blue Hat
Crane, LLC; Industrial Equipment Sales & Service Co., Inc.; Lucas Loftis; and Corvel
Enterprise Comp, Inc. is granted. Each party shall bear its own attorneys’ fees and
costs relating to the dismissed loss of consortium claim.
2. Bell is no longer a party to this suit. The Clerk of Court shall terminate Bell from the
docket sheet.
3. All other claims in this action remain pending.
Dated this 10th day of February, 2026.
BY THE COURT:
Susan M. Bazis
United States District Judge
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