Murphy v. AT&T Inc et al

Filing 11

ORDER granting the Stipulation (which the Court construes as an unopposed motion for voluntary dismissal) and finding as moot 4 Motion to Dismiss. The Court will withhold entry of judgment until August 3, 2012. Signed by Judge D. P. Marshall Jr. on 6/7/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION AMELIA MURPHY v. PLAINTIFF No.4:12-cv-118-DPM AT&T INC.; AT&T CORPORATION; EOS CCA; and ENHANCED RECOVERY CORPORATION LLC DEFENDANTS ORDER Murphy's stipulation, Document No. 10, does not comply with Federal Rule of Civil Procedure 41 (a)(1)(A) (ii). That provision requires" all parties who have appeared" to sign the stipulation of dismissal. FED. R. CIV. P. 41 (a) (l)(A)(ii). In light of the parties' settlement, however, the Court will treat the stipulation as an unopposed motion for voluntary dismissaL The motion is granted; EOS CCA's motion to dismiss, Document No.4, is therefore denied as moot. The Court will withhold entry of judgment until 3 August 2012. The Court declines to retain jurisdiction for an indefinite period. If the parties need more time to consummate their settlement, then they should so move the Court before August 3rd. So Ordered. D.P. Marshall Jr. United States District Judge

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