King v. University of Arkansas Board of Trustees

Filing 6

ORDER granting 5 motion for voluntary non-suit and denying as moot all other pending motions. Signed by Judge Kristine G. Baker on 04/01/2014. (rhm)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JACQUELINE D. KING v. PLAINTIFF Case No. 2:13-cv-00175-KGB UNIVERSITY OF ARKANSAS BOARD OF TRUSTEES DEFENDANT ORDER Before the Court is plaintiffs’ motion for voluntary non-suit pursuant to Rule 41 of the Federal Rules of Civil Procedure (Dkt. No. 5). Plaintiff Jacqueline King moves to dismiss without prejudice all of her pending claims against defendant pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Although defendant University of Arkansas Board of Trustees has filed a motion to dismiss (Dkt. No. 3), it has not filed an answer to Ms. King’s complaint nor has it filed a motion for summary judgment. Therefore, voluntary dismissal is a matter of absolute right. See, e.g., Foss v. Fed. Intermediate Credit Bank of St. Paul, 808 F.2d 657, 660 (8th Cir. 1986) (holding that Rule 41(a)(1) must be applied literally) (citing Carter v. United States, 547 F.2d 258, 259 (5th Cir. 1977) (“As the plain terms of Rule 41(a)(1)(i) establish, a plaintiff has an absolute right to dismiss a lawsuit before the defendant has filed an answer or summary judgment motion.”)). Ms. King’s motion for voluntary non-suit is granted (Dkt. No. 5). The complaint and all claims therein are dismissed without prejudice. All other pending motions are denied as moot. SO ORDERED this the 1st day of April, 2014. ________________________________ Kristine G. Baker United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?