Reese v. Correct Care Solutions LLC

Filing 31

ORDER granting 26 Ms. Reese's motion and dismissing this action without prejudice. The Court denies as moot all other pending motions ( 21 , 24 , 27 ). Signed by Judge Kristine G. Baker on 1/19/2018. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
RENEE A. REESE
v.

PLAINTIFF
Case No. 2:16-cv-00046 KGB

CORRECT CARE SOLUTIONS, LLC

DEFENDANT
ORDER

Before the Court is plaintiff Renee A. Reese’s motion to voluntarily dismiss complaint
(Dkt. No. 26). Ms. Reese requests that the Court dismiss her complaint without prejudice.
Defendant Correct Care Solutions, LLC (“Correct Care”), has responded and requests that the
Court deny the motion or grant the motion on the condition that this action be dismissed with
prejudice (Dkt. No. 30).
Because Correct Care has served an answer and a motion for summary judgment (Dkt.
Nos. 10, 27), this action may be dismissed at Ms. Reese’s request “only by court order, on terms
that the court considers proper.” Fed. R. Civ. P. 41(a)(2). Generally, “in the federal courts, after
answer, dismissals without prejudice should be granted only ‘if no other party will be prejudiced.’”
Kern v. TXO Production Corp., 738 F.2d 968, 970 (8th Cir. 1984) (quoting 9 Wright & Miller,
Fed. Prac. & Proc. Civ. § 2362 (1971)). “By ‘prejudice’ in this context is meant something other
than the necessity that defendant might face of defending another action.

That kind of

disadvantage can be taken care of by a condition that plaintiff pay to defendant its costs and
expenses incurred in the first action.” Kern, 728 F.2d at 970.
The Court grants Ms. Reese’s motion for voluntary dismissal. The Court conditions
dismissal and the refiling of this action on the following: (1) that the suit, if refiled, will be refiled
in this Court; (2) that, if refiled, no further discovery will occur in the case without prior leave of
the Court; and (3) that, if and when this case is refiled, the Court will assign to Ms. Reese all or

part of the costs and fees incurred by Correct Care related to the refiling of this case. The Court
reserves ruling on any request for costs and fees until and if the case is refiled. Ms. Reese is
advised that Federal Rule of Civil Procedure 41 permits the Court to stay the refiled proceedings
until the plaintiff has complied with the Court’s orders. See Fed. R. Civ. P. 41(d)(2).
For good cause shown, the Court grants Ms. Reese’s motion (Dkt. No. 26). The Court
dismisses without prejudice this action. The Court denies as moot all other pending motions (Dkt.
Nos. 21, 24, 27).
So ordered this the 19th day of January, 2018.

____________________________
Kristine G. Baker
United States District Judge