Exigence LLC v. Littleton et al

Filing 48

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
WESTERN DIVISION

PLAINTIFF

EXIGENCE LLC

v.

No. 4:10-cv-144-DPM

DAVID A. LITTLETON; and
ANDERSON MURPHY &
HOPKINSLLP

DEFENDANTS
ORDER

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.

So Ordered.

D.P. Marshall Jr.
United States District Judge