Cooper v. South et al

Filing 22

ORDER granting 18 deft Phyllis South's Motion for Summary Judgment and dismissing plaintiff's complaint with prejudice as to deft Phyllis South. Signed by Judge Brian S. Miller on 10/8/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PATSY D. COOPER v. CASE NO. 4:08-CV-000138 BSM DEFENDANTS PLAINTIFF

PHYLLIS SOUTH, CLINTON REAL ESTATE, INC., and ANGELA SMITH ORDER ON MOTION FOR SUMMARY JUDGMENT

Presently before the court is separate defendant Phyllis South's motion for summary judgment. Defendant South requests that this court grant summary judgment in her favor, and dismiss plaintiff's complaint as to her. In her response, plaintiff concedes that under the discovered circumstances, she is unable to maintain a viable claim against this defendant. Plaintiff acknowledges that summary judgment is proper as to this defendant. Accordingly, defendant's motion for summary judgment (Doc. No. 18) is granted. Plaintiff's complaint is dismissed with prejudice as to defendant Phyllis South. IT IS SO ORDERED THIS 8th day of October, 2008.

UNITED STATES DISTRICT JUDGE