Price v. Hewlett-Packard Company

Filing 14

ORDER granting 9 Motion to Dismiss and dismissing case with prejudice. Signed by Judge Brian S. Miller on 7/27/10. (bkp)

Price v. Hewlett-Packard Company

Doc. 14

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KEITH PRICE, individually and as father and next friend of Magdelyn Price, a minor v. CASE NO. 4:09-CV-00910 BSM DEFENDANT ORDER Defendant Hewlett-Packard Company ("HP") moves to dismiss plaintiff Keith Price's complaint (Doc. No. 9). Price has not responded. For the reasons set forth below, HP's motion is granted and Price's complaint is dismissed with prejudice. Price's complaint is virtually identical to the one he filed in Price v. Hewlett Packard Company (Case No. 4:08-cv-00008), a case that was closed by the undersigned on September 10, 2008 for Price's failure to serve HP properly under Arkansas Rule of Civil Procedure 4. A year later, Price re-filed his case in Conway Circuit Court on September 10, 2009. HP removed the case to federal court on December 4, 2009, and moved to dismiss Price's complaint on April 16, 2010. For the same reasons stated in the September 5, 2008 order of dismissal (Doc. No. 12), Price has again failed to serve HP under Arkansas Rule of Civil Procedure 4. Therefore, Price's complaint should be dismissed with prejudice for failing to correct the previous service defect. Accordingly, HP's motion to dismiss for insufficiency of service of process (Doc. No. 9) is granted, and Price's complaint is dismissed with prejudice.

P LAINTIFF

HEWLETT-PACKARD COMPANY

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IT IS SO ORDERED THIS 27th day of July, 2010. ________________________________ UNITED STATES DISTRICT JUDGE