Brown v. Crown Pointe Timesharing Inc et al

Filing 34

ORDER granting 31 MOTION to Dismiss Without Prejudice under Rule 41 filed by David Brown and DISMISSING CASE. The Court notes that Plaintiff's right to re-file the case against the Defendants is subject to the provisions of Rule 41(d) of the FRCP. Signed by Judge James M. Moody on 12/28/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION

DAVID BROWN
VS.

PLAINTIFF
NO. 1:11CV00022 JMM

CROWN POINTE
TIMESHARING INC., VICKI WHITED.
AMY BILLINGSLY

DEFENDANTS

ORDER
Plaintiff has filed a Motion to Dismiss. The Court finds that Plaintiff’s motion (Docket
# 31) should be, and hereby is, GRANTED. The Court notes that Plaintiff’s right to re-file the
case against the Defendants is subject to the provisions of Rule 41(d) of the Federal Rules of
Civil Procedure. Under Rule 41(d), the Plaintiff may be ordered to pay any costs of this action
which the Court deems appropriate if Plaintiff re-files the action against the Defendants.
The Motion to Dismiss (Docket # 31) is GRANTED. The Clerk is directed to close the
case.
IT IS SO ORDERED this 28th day of December, 2011.

_____________________________
James M. Moody
United States District Judge