Bratton v. ABF Freight System Inc et al

Filing 3

ORDER granting 2 plaintiff's Motion to voluntarily Dismiss and directing the Clerk to close the case. Signed by Judge James M. Moody on 2/10/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JANET BRATTON V. ABF FREIGHT SYSTEM, INC. BENNY JOE LYBARGER ORDER Plaintiff has filed a motion for voluntary nonsuit. The Court finds that Plaintiff's motion (Docket # 2) should be, and hereby is, GRANTED. The Clerk is directed to close the case. The Court notes that Plaintiff's right to re-file the case against this Defendant 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 Defendant. IT IS SO ORDERED this 10th day of February 2009. 4:08CV002369JMM DEFENDANTS PLAINTIFF ______________________________ James M. Moody United States District Judge

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