Payne v. University of Arkansas at Pine Bluff

Filing 65

ORDER granting 62 Plaintiff's motion to voluntarily dismiss her case; dismissing the case without prejudice; and denying as moot the 53 pending motion for summary judgment. Signed by Judge James M. Moody Jr. on 12/16/2016. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

ANDREA LOYCE PAYNE

PLAINTIFF

VS.

5:13CV00318 JM

THE UNIVERSITY OF ARKANSAS SYSTEM
by and through its Board of Trustees; ELBERT BENNETT,
Vice Chancellor of Student Affairs, University of Arkansas at
Pine Bluff, in his official and his individual capacities; and
MARY M. JONES, in her official and individual capacities

DEFENDANTS

ORDER
Pending is Plaintiff’s motion to voluntarily dismiss her case. (Docket #62). Defendants
have filed a response and object to the dismissal without prejudice. The Court finds that the
motion should be, and hereby is, granted. The case is hereby dismissed without prejudice.1
The Court notes that Plaintiff’s right to re-file the case against these Defendants is subject
to the provisions of Rule 41(d) of the Federal Rules of Civil Procedure. Under Rule 41(d), the
Plaintiff may be ordered to pay any costs of this action which the Court deems appropriate upon
filing the same claim against the same defendant. Additionally, because this action was filed over
three years ago and Plaintiff has had sufficient time to conduct discovery, if Plaintiff re-files her
case, no additional discovery will be allowed.
IT IS SO ORDERED this 16th day of December, 2016.

____________________________________
James M. Moody Jr.
United States District Judge

1

The pending motion for summary judgment is denied as moot.