Planned Parenthood Arkansas & Eastern Oklahoma et al v. Selig

Filing 252

ORDER adopting 251 joint stipulation of voluntary dismissal; dismissing the action without prejudice; denying as moot 168 motion for judgment on the pleadings as to plaintiffs' Medicaid Act claim; denying as moot 203 motion to compel discovery responses; and denying as moot 216 motion for an expanded protective order. Signed by Judge Kristine G. Baker on 8/1/2022. (jbh)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION PLANNED PARENTHOOD OF ARKANSAS AND EASTERN OKLAHOMA, INC., et al. v. PLAINTIFFS Case No. 4:15-cv-00566 KGB CINDY GILLESPIE DEFENDANT ORDER Before the Court is the parties’ joint stipulation of voluntary dismissal (Dkt. No. 251). The stipulation accords with the terms of Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Court agrees with the parties that notice of the proposed voluntary dismissal need not be given to the class under Federal Rule of Civil Procedure 23(e)(1) because the class was certified under Rule 23(b)(2), notice was not issued upon class certification, and lack of notice of voluntary dismissal will not prejudice absent class members who did not receive actual notice of this action. The Court also agrees that a hearing is not necessary under Rule 23(e)(2). For good cause shown, the Court adopts the joint stipulation of dismissal. The Court dismisses the action without prejudice. The Court denies as moot defendant’s motion for judgment on the pleadings as to plaintiffs’ Medicaid Act claim, plaintiffs’ motion to compel discovery responses, and plaintiffs’ motion for an expanded protective order (Dkt. Nos. 168; 203; 216). It is so ordered, this 1st day of August, 2022. ____________________________________ Kristine G. Baker United States District Court  

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