Mhoon et al v. Deutsche Bank National Trust Company

Filing 37

ORDER granting 36 Plaintiffs' Notice of Voluntary Dismissal; granting 2 Defendant's MOTION to Withdraw Reference & the referral of this action to the bankruptcy court is hereby withdrawn; denying as moot 10 Defendant's MOTION to Stay. This action is hereby dismissed without prejudice. Signed by Chief Judge J. Leon Holmes on 5/29/2012. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JOHN HENRY MHOON; JOHN WILLARD SMITH, JR. and DONNA MARIE SMITH; JOHN WILBURN GARRETT and JEANNE LEREE GARRETT; and CLASS REPRESENTATIVES v. PLAINTIFFS NO. 3:12MC00001 JLH DEUTSCHE BANK NATIONAL TRUST COMPANY DEFENDANT ORDER This is an adversary proceeding that originated in the bankruptcy court. The defendant filed a motion to withdraw the reference, which was docketed in this action. The plaintiffs have filed a motion for voluntary nonsuit pursuant to Rule 41 of the Federal Rules of Civil Procedure. Counsel for the defendant has notified the Court that the defendant does not object to the voluntary dismissal. Therefore, the motion to withdraw the reference is granted. Document #2. The referral of this action to the bankruptcy court is hereby withdrawn. The motion for voluntary dismissal is also granted. Document #36. This action is hereby dismissed without prejudice. The motion to stay is denied as moot. Document #10. IT IS SO ORDERED this 29th day of May, 2012. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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