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)

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