Gladson v. Mask et al
ORDER granting 49 Motion for Voluntary Nonsuit and canceling the jury trial set for July 5, 2010, all pending motions being denied as moot; and directing the Clerk to close the case. Signed by Judge James M. Moody on 5/21/10. (bkp)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JESSIE GLADS0N, individually, and in Her capacity as Personal Representative Of the Estate of Brad Stephen Abercrombie, Deceased VS. NO. 4:08cv01783 JMM
PHIL MASK, individually, and in his official Capacity as Sheriff of Saline County, Arkansas; BILL FIELDS, individually, and in his official Capacity as Chief Deputy of the Saline County Sheriff's Department; SALINE COUNTY, ARKANSAS; and the CITY OF BENTON, ARKANSAS
ORDER Plaintiff has filed a Motion for Voluntary Nonsuit. The Court finds that Plaintiff's motion (Docket # 49) should be, and hereby is, GRANTED. The Court notes that Plaintiff's right to re-file the case against these Defendants is subject to the provisions of Rule 41(d) of the Federal Rules of Civil Procedure. Under Rule 41(d), the Plaintiff may be ordered to pay any costs of this action which the Court deems appropriate if Plaintiff re-files the action against the Defendants. The jury trial scheduled July, 5, 2010 is canceled. All pending motions are moot. The Clerk is directed to close the case. IT IS SO ORDERED this 21st day of May, 2010.
_____________________________ James M. Moody United States District Judge
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