Ferguson v. Proassurance Indemnity Company Inc et al

Filing 50

ORDER granting 49 Plaintiff's Motion to Dismiss separate Defendant Surgical Associates of Jonesboro without prejudice. Additionally, because Surgical Associates of Jonesboro has been dismissed, its 40 Rule 10(c) Motion and 47 Motion in Limine are DISMISSED as MOOT. Signed by Judge Billy Roy Wilson on 03/29/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ANDREA WEST FERGUSON
VS.

PLAINTIFF
3:12-CV-00170-BRW

ROBERT L. WARNER, JR., M.D., and
SURGICAL ASSOCIATES OF
JONESBORO, INC.

DEFENDANTS

ORDER
Pending is Plaintiff’s Motion for Permission to Non-suit Separate Defendant Surgical
Associates of Jonesboro (Doc. No. 49).
Under Rule 41(a)(2) of the Federal Rules of Civil Procedure, once a defendant has
answered a complaint, the plaintiff must obtain permission from the court before the defendant
can be voluntarily dismissed unless all the parties agree in writing to the dismissal.1 The
requested dismissal should be granted unless it would unfairly prejudice the defendant.2
Here, Surgical Associates of Jonesboro has answered Plaintiff’s Complaint, but all the
parties have not agreed in writing to the dismissal.3 However, it appears that neither Defendant
would be prejudiced if I granted the dismissal.
Accordingly, Plaintiff’s Motion (Doc. No. 49) is GRANTED, and Separate Defendant
Surgical Associates of Jonesboro is hereby DISMISSED from this action without prejudice.

1

Fed. R. Civ. P. 41.

2

Exigence LLC v. Catlin Underwriting Agency US, Inc., No. 4:09-CV-00915-SWW, 2013
WL 655109 (E.D. Ark. Feb. 21, 2013).
3

Doc. No. 33.
1

Additionally, because Surgical Associates of Jonesboro has been dismissed, its Rule
10(c) Motion (Doc. No. 40) and Motion in Limine (Doc. No. 47) are DISMISSED as MOOT.
IT IS SO ORDERED this 29th day of March, 2013.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

2