McClendon v. Hardee's et al

Filing 30

ORDER granting 26 Plaintiff's motion for voluntary dismissal on the condition that if this matter is refilled, Plaintiff shall reimburse Defendant for any duplicative expenses incurred because of the refilling. Signed by Judge Susan Webber Wright on 9/8/2016. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

JUAN McCLENDON
Plaintiff
V.
SADDLE PEAK LLC, d/b/a
HARDEE’S RESTAURANT
Defendant

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NO: 4:15CV00651 SWW

ORDER
Before the Court is Plaintiff’s motion for voluntary dismissal [ECF No. 26] and
Defendant’s response [ECF No. 29]. Prior to Plaintiff’s motion for voluntary dismissal,
Defendant filed a motion for summary judgment. Given the procedural posture of the case,
Defendant requests that the Court order that Plaintiff pay reasonable costs and attorney’s fees if
the case is refiled.
IT IS THEREFORE ORDERED that Plaintiff’s motion for voluntary dismissal [ECF No.
26] is GRANTED, on the condition that if this matter is refiled, Plaintiff shall reimburse
Defendant for any duplicative expenses--that is, any costs or fees that Defendant has
incurred in this action that will be incurred again because of the refiling.

IT IS SO ORDERED THIS 8TH DAY OF SEPTEMBER, 2016.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE