Flatness et al v. Burnett et al

Filing 33

ORDER denying 31 Motion to Dismiss Party, 32 Brief in Support. Plaintiff must perfect service on Defendant Derden by 5 p.m. Wednesday, April 27, 2016. Signed by Judge Billy Roy Wilson on 4/13/2016. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION BILL FLATNESS and ASHLEY SMITH VS. PLAINTIFFS 4:15-CV-00329-BRW GARY BURNETT, et al. DEFENDANTS ORDER Pending is Defendant Bobby Derdan’s Motion to Dismiss Plaintiff’s Complaint (Doc. No. 32) under Federal Rule of Procedure 12(b)(5). Because I see no prejudice (the same reason I denied Plaintiff’s Motion for Default Judgment and allowed Defendant Derden to answer out of time), the Motion is DENIED. Plaintiff must perfect service on Defendant Derden by 5 p.m., Wednesday, April 27, 2016. IT IS SO ORDERED this 13th day of April, 2016. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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