Exigence LLC v. Littleton et al
ORDER granting 44 Plaintiffs' Motion to Dismiss without prejudice. Signed by Judge D. P. Marshall Jr. on 2/20/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DAVID A. LITTLETON; and
ANDERSON MURPHY &
For good cause, Exigence' s motion to dismiss its complaint without
prejudice, Document No. 44, is granted. FED. R. CIV. P. 41(a)(2). The Court
imposes only one condition: if Exigence refiles its complaint, then it must
reimburse Littleton and his firm for any costs (as defined by Rule of Civil
Procedure 54) incurred in this case that Defendants must incur again in the
new case. FED. R. CIV. P. 41(d). The particulars of any reimbursement will be
decided on motion by the Court presiding over the re-filed case. The Court
concludes that most of the effort to date, especially as reflected in attorney's
fees, will, if necessary, be put to good use in any re-filed case. The Court
agrees that the nonsuit is the best way for all parties to stop the meter on this
litigation during the limited period of uncertainty about the underlying case.
D.P. Marshall Jr.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?