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)

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