Gall et al v. Robertson et al
ORDER granting 28 Motion to Dismiss. This action is hereby DISMISSED WITHOUT PREJUDICE, conditioned upon Plaintiff's payment of duplicative costs, if any, in the event this case is refiled. Plaintiffs have 10 days from the entry date of this order in which to withdraw the motion for voluntary dismissal, in which case this order will be vacated and the case reinstated. Signed by Judge Susan Webber Wright on 11/12/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
STACY GALL and CATHY CALL
ADAM ROBERTSON, JAMES
POTTER, JAMES FOSTER, and
CHRIS HOLMES, individually and in
their capacities as officers of the Pulaski
Court Sheriff’s Department
NO: 4:15CV00210 SWW
Before the Court is Plaintiffs’ pro se motion [ECF No. 28] requesting that the Court
voluntarily dismiss this action, without prejudice. The time for responding has expired, and
Defendants have not filed a response. Because Defendants have answered the complaint,
dismissal at Plaintiffs’ request is possible only by a court order, on terms that the Court finds
proper. See Fed. R. Civ. P. 41(a)(2).
The Court finds that voluntary dismissal without prejudice is proper in this case, provided
that if this matter is refiled, Plaintiffs shall reimburse Defendant for any duplicative
expenses–that is, any expense that will be incurred twice as a result of the case being refiled.
IT IS THEREFORE ORDERED that Plaintiffs’ motion requesting voluntary dismissal
without prejudice [ECF No. 28] is GRANTED. This action is hereby DISMISSED WITHOUT
PREJUDICE, conditioned upon Plaintiff’s payment of duplicative costs, if any, in the event this
case is refiled.
IT IS FURTHER ORDERED that Plaintiffs have ten (10) days from the entry date of this
order in which to withdraw the motion for voluntary dismissal, in which case this order will be
vacated and the case reinstated.
IT IS SO ORDERED THIS 12TH DAY OF NOVEMBER, 2015.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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