Arkansas Restaurant Group LLC et al v. ETRG Investments LLC et al

Filing 30

ORDER administratively terminating this case. The parties can proceed with arbitration, or not; and if they do and need the Court's involvement, then the case can be reactivated on motion of any party for good cause. If no such motion is filed by 12/31/12, then this Order will ripen into an involuntary dismissal without prejudice for failure to prosecute. Signed by Judge D. P. Marshall Jr. on 5/10/11. (hph)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

ARKANSAS RESTAURANT
GROUP, LLC; MAUMELLE FOODS,
LLC; SHERWOOD FOODS, LLC; and
JACKSONVILLE FOODS, LLC

v.

PLAINTIFFS

Case No. 4:10-cv-1690-DPM

ETRG INVESTMENTS, LLC;

DAN T. TOMLIN; and MARK A.

SCOTT

DEFENDANTS

ORDER
With the benefit of Plaintiffs' response, Document No. 29, the Court now
appreciates the preclusion issues that might be created by a dismissal without
prejudice. The Court concludes that the case should be, and hereby is,
administratively terminated. The parties can proceed with arbitration, or not;
and if they do and need the Court's involvement, then the case can be
reactivated on motion of any party for good cause. If no such motion is filed
by 31 December 2012, then this Order will ripen into an involuntary dismissal
without prejudice for failure to prosecute.

FED.

R. ClY. P. 41(b).

That

dismissal would not be a second voluntary nonsuit; and it would be without

prejudice to Plaintiffs' right to arbitrate this dispute or to their right to seek
judicial relief related to the arbitration.
So Ordered.

D.P. Marshall Jr.

United States District Judge

10 May 2011

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