Flatness et al v. Burnett et al
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
BILL FLATNESS and ASHLEY SMITH
GARY BURNETT, et al.
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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