B & H Construction Inc v. Burke

Filing 28

ORDER granting 18 Burke's Motion to Voluntarily Dismiss Count I and Count III of the Counterclaim without prejudice; Count II remains. Signed by Judge Susan Webber Wright on 10/17/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
B&H CONSTRUCTION, INC.
Plaintiff
V.
JACKIE A. BURKE
Defendant

*
*
*
*
*
*
*
*
*

NO: 4:11CV00075 SWW

JACKIE A. BURKE
Counter Claimant
V.
B&H CONSTRUCTION, INC.
Counter Defendant

*
*
*
*
*
*
*
*
*
*

ORDER
Before the Court is Defendant-Counter Claimant Jackie A. Burke’s motion to voluntarily
dismiss Count I and Count III of his Counterclaim. Burke states that he intends to proceed only
with Count II of his Counterclaim, a breach of contract claim. Pursuant to Rule 41(a)(1)(A)(i) of
the Federal Rules of Civil Procedure, the motion (docket entry #18) is GRANTED. Counts I and
III of the Counterclaim are DISMISSED WITHOUT PREJUDICE, and Count II remains.
IT IS SO ORDERED THIS 17TH DAY OF OCTOBER, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE