Holloway v. Lay et al

Filing 53

ORDER granting 34 Motion to Dismiss defts Weekley and Patoka without prejudice. Weekley and Patoka will be available to provide testimony at the trial scheduled for the week of June 20, 2011, without the necessity of a subpoena, or service thereof, to command their attendance. Each party shall bear its own costs, expenses, and attorneys' fees. Signed by Judge Brian S. Miller on 5/23/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WINSTON HOLLOWAY,
ADC # 67507
PLAINTIFF
v.

CASE NO. 5:10-cv-00067-BSM-JJV

REX GAYLON LAY, et al.

DEFENDANTS
ORDER

Plaintiff moves to dismiss without prejudice defendants Aundrea Weekly and Randy
Patoka. [Doc. No. 34]. Plaintiff states the parties have agreed to dismiss defendants Weekley
and Patoka without prejudice on the following terms:
1.

All claims plaintiff asserted in this action against defendants Weekley and

Patoka are dismissed without prejudice.
2.

Weekley and Patoka will be available to provide testimony at the trial of this

cause of action currently scheduled for the week of June 20, 2011, without the necessity of
a subpoena, or service thereof, to command their attendance.
3.

Each party shall bear its own costs, expenses, and attorneys’ fees.

In accordance with these terms, the motion to dismiss [Doc. No. 34] is GRANTED.
IT IS SO ORDERED this 23rd day of May, 2011.

________________________________
UNITED STATES DISTRICT JUDGE

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