Nixon et al v. Costner Excavating Inc et al
ORDER granting separate plaintiff Lenny Wallace's 128 Motion to Dismiss; finding as moot 134 Motion to Dismiss Party. Mr. Wallace's claims against all defts are dismissed without prejudice. Signed by Judge Kristine G. Baker on 3/19/13. (kpr)
IN THE UNITED STATES DISTRICT COURTS
FOR THE EASTERN DISTRICT OF ARKANSAS
CORY NIXON, et al.
Case No. 4:11-cv-0578-KGB
COSTNER EXCAVATING, INC., et al.
Before the Court is separate plaintiff Lenny Wallace’s motion for voluntary nonsuit (Dkt
Defendants previously filed a separate motion to dismiss opt-in plaintiff Mr.
Wallace’s claims (Dkt. No. 128). Mr. Wallace moves to dismiss without prejudice his pending
claims against all defendants. Mr. Wallace’s motion for voluntary nonsuit is hereby granted
(Dkt. No. 134). Mr. Wallace’s claims against all defendants are dismissed without prejudice.
Defendants’ motion to dismiss opt-in plaintiff Mr. Wallace’s claims is denied as moot (Dkt. No.
SO ORDERED this 19th day of March, 2013.
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
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