Cellco Partnership et al v. Langston

Filing 54

ORDER GRANTING 51 MOTION for Voluntary Nonsuit filed by Alltel Corporation and Cellco Partnership; the case is hereby dismissed. Signed by Judge James M. Moody on 4/28/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CELLCO PARTNERSHIP and ALLTEL CORPORATION D/B/A VERIZON WIRELESS V. LEWIS E. LANGSTON ORDER Plaintiffs have filed a Motion for Voluntary Nonsuit. The Court finds that Plaintiffs' motion (Docket # 51) should be, and hereby is, GRANTED. The Court notes that Plaintiffs' 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 Plaintiffs may be ordered to pay any costs of this action which the Court deems appropriate if Plaintiffs re-file the action against the Defendant. The Motion for Voluntary Nonsuit (Docket # 51) is GRANTED. The Clerk is directed to close the case. IT IS SO ORDERED this 28th day of April, 2010. 4:09CV000928JMM DEFENDANT

PLAINTIFFS

______________________________ James M. Moody United States District Judge