Larry et al v. Isle of Capri Casinos Inc

Filing 25

ORDER adopting the 24 joint stipulation; dismissing the action with prejudice; and denying as moot 17 defendant IOC-Lula Inc.'s motion in limine. Signed by Judge Kristine G. Baker on 6/1/2017. (mef)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CAROLYN LARRY and DENNIS LARRY v. PLAINTIFFS Case No. 4:16-cv-00097-KGB IOC-LULA, INC. DEFENDANT ORDER Before the Court is the parties’ joint stipulation for dismissal without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure (Dkt. No. 24). The parties jointly request that this Court dismiss without prejudice plaintiffs Carolyn Larry and Dennis Larry’s complaint. The stipulation provides that “[i]f plaintiffs refile this lawsuit, it shall be refiled in this Court” at no cost or expense to the plaintiffs (Id., ¶¶ 1, 2). Alternatively, the stipulation provides that if the Larrys should refile the action in a different court, then “defendant shall be entitled to recover costs and expenses occasioned by the refiling in a different court” (Id. ¶ 2). In the event of such a refiling, “the costs and expenses shall be treated as a cost imposed upon refiling” (Id.). For good cause shown, the Court adopts the joint stipulation (Dkt. No. 24). The action is dismissed with prejudice. The Court denies as moot defendant IOC-Lula Inc.’s pending motion in limine (Dkt. No. 17). It is so ordered this the 1st day of June, 2017. __________________________ Kristine G. Baker United States District Judge

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