Ford et al v. Townsends of Arkansas Inc et al

Filing 126

ORDER finding as moot 106 Motion to Dismiss; granting 108 Motion to Dismiss for Lack of Jurisdiction and dismissing the putative class of persons in North Carolina without prejudice. Signed by Judge Brian S. Miller on 1/21/10. (bkp)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DONOVAN FORD, CARRIE GALAN, JAMES GILMER, JUDY MILLS, and BILLIE J. NORRIS, and SHEILA ARNOLD on behalf of themselves and others similarly situated v. Case No. 4:08CV00509-BSM DEFENDANTS ORDER Defendant Townsends, Inc. moves to dismiss the claims of Sheila Arnold and a putative class of persons in North Carolina (Doc. No. 108), arguing that this court lacks personal jurisdiction. In response (Doc. No. 119), Arnold agrees to dismiss her claims without prejudice. Townsends's motion to dismiss (Doc. No. 108) is therefore granted and the claims of Arnold and the putative class of persons in North Carolina are dismissed without prejudice. The motion to dismiss Arnold's claims for failing to join an indispensable party (Doc. No. 106) is denied as moot. IT IS SO ORDERED THIS 21st day of January, 2010 ________________________________ UNITED STATES DISTRICT JUDGE

P LAINTIFFS

TOWNENDS OF ARKANSAS, INC., and TOWNSENDS, INC.