Smith v. USA
ORDER granting plaintiff's 22 Motion to Dismiss. The USA's motion for summary judgment is denied as moot. 15 . Signed by Judge Kristine G. Baker on 10/15/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
RANDY A. SMITH
Case No. 4:12-cv-00003 KGB
UNITED STATES OF AMERICA
Before the Court is defendant United States of America’s motion for summary judgment
(Dkt. No. 15) and plaintiff Randy Smith’s motion to dismiss without prejudice (Dkt. No. 22). The
United States of America has responded to Mr. Smith’s motion to dismiss, requesting that the
Court grant its motion for summary judgment but stating that it does not object to Mr. Smith’s
motion to dismiss (Dkt. No. 23).
Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the Court grants Mr.
Smith’s motion to dismiss without prejudice (Dkt. No. 22). Should Mr. Smith choose to refile
this action, he shall reimburse defendant United States of America its expert witness fees and all
other reasonable costs, which shall be determined at that time upon proper motion by the
defendant. The United States of America’s motion for summary judgment is denied as moot
(Dkt. No. 15).
SO ORDERED this 15th day of October, 2013.
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
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