Duncan v. Sanders

Filing 26

ORDER granting 25 plaintiff's unopposed motion to dismiss; and dismissing with prejudice any remaining claims pending in this lawsuit. The Court will retain jurisdiction for 60 days for the sole purpose of enforcing the settlement agreement. Signed by Judge Kristine G. Baker on 10/29/2019. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JEREMY DUNCAN, on behalf of himself and
all others similarly situated
v.

PLAINTIFF

Case No. 2:17-cv-00179 KGB

CLIFF SANDERS, individually and in his
official capacity as a police officer for the
City of Elaine, Arkansas, and in his official
capacity as a police officer for the City of
Helena-West Helena, Arkansas

DEFENDANT

ORDER
Before the Court is plaintiff Jeremy Duncan’s motion to dismiss (Dkt. No. 25). Mr.
Duncan, on behalf of himself and all others similarly situated, filed suit against defendant Cliff
Sanders, individually and in his official capacity as a police officer for the City of Elaine, Arkansas,
and in his official capacity as a police officer for the City of Helena-West Helena, Arkansas, on
October 4, 2017 (Dkt. No. 1). The complaint asserts claims under 42 U.S.C. § 1983 and the
Arkansas Civil Rights Act of 1993, Ark. Code Ann. § 16-123-101, arising out of Mr. Duncan’s
arrest by Mr. Sanders in 2016. No class of plaintiffs was ever certified by the Court in this matter,
as no motion requesting certification was filed.
Mr. Duncan filed the instant motion to dismiss on October 2, 2019. Mr. Duncan states that
this matter has settled and requests an order dismissing this action with prejudice, with the Court
retaining jurisdiction for 60 days to enforce the settlement agreement (Dkt. No. 25, ¶ 1). In an email to the Court, Mr. Sanders represented that he agrees with this request.
Therefore, and for good cause shown, the Court grants plaintiff’s unopposed motion to
dismiss (Dkt. No. 25). The Court dismisses with prejudice any remaining claims pending in this

lawsuit. The Court will retain jurisdiction for 60 days for the sole purpose of enforcing the
settlement agreement.
It is so ordered this 29th day of October, 2019.

________________________________
Kristine G. Baker
United States District Judge

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