Gillam v. Union Pacific Railroad Company

Filing 12

ORDER granting 10 plaintiff's Motion to Dismiss without prejudice and directing the Clerk to close the case. Signed by Judge James M. Moody on 8/30/10. (bkp)

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Gillam v. Union Pacific Railroad Company Doc. 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JAMES C. GILLAM d/b/a Gillam Railroad Services VS. UNION PACIFIC RAILROAD COMPANY ORDER Plaintiff has filed a Motion to Dismiss Claims Without Prejudice. The Court finds that Plaintiffs' motion (Docket # 10) should be, and hereby is, GRANTED. The Court notes that Plaintiff's right to re-file the case against the 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. The Motion to Dismiss Claims Without Prejudice (Docket # 10) is GRANTED. The Clerk is directed to close the case. IT IS SO ORDERED this 30th day of August, 2010. NO. 4:09cv00718 JMM DEFENDANT PLAINTIFF _____________________________ James M. Moody United States District Judge

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