May. 12 at 9:03 PM
$CYBL This order means the judge removed “Berleth” from the case and dismissed Berleth’s pending motion because it no longer matters procedurally.
Key points:
The Court used Federal Rule of Civil Procedure 21, which allows a court to add or drop parties from a lawsuit.
“TERMINATES Berleth as an interpleader-defendant” means Berleth is no longer a party in the lawsuit.
Because Berleth is no longer in the case, Berleth’s motion for summary judgment (ECF No. 174) was denied “as moot.”
“As moot” means the Court did not decide whether the motion had merit; it simply became unnecessary once Berleth was removed from the case.
The order was signed by John A. Gibney, Jr. on May 11, 2026.
Practically speaking:
Berleth no longer has to defend the case unless later brought back in some way.
The litigation continues only among the remaining parties.
The summary judgment motion has no legal effect because it was never reached on the merits.
