Larry et al v. Isle of Capri Casinos Inc

Filing 26

AMENDED ORDER adopting the 24 joint stipulation; dismissing the action without 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)

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
AMENDED 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 without 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