Jeffus et al v. Ovation Health Systems, Inc. et al

Filing 65

ORDER re 62 Notice of Voluntary Dismissal of Party/Case filed by Mary Frazier, Sam Jeffus, Tracie Caldwell, Toni Greenlee, case dismissed without prejudice. Signed by Honorable Susan O. Hickey on October 9, 2018. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION SAM JEFFUS, As Power of Attorney For Winnie Faye Jeffus, et al. v. PLAINTIFFS Civil No. 1:17-cv-1072 OVATION HEALTH SYSTEMS, INC., et al. DEFENDANTS ORDER Before the Court is a Notice of Voluntary Dismissal. ECF No. 62. Plaintiffs give notice that this action is voluntarily dismissed without prejudice against all Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). 1 ECF No. 53. Accordingly, the Court finds that this action is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 9th day of October, 2018. /s/ Susan O. Hickey Susan O. Hickey United States District Judge Defense counsel has indicated to the Court that Defendants may respond to Plaintiff’s Notice of Voluntary Dismissal. However, no response time is warranted because a Rule 41(a)(1)(A) dismissal is an unconditional right of the parties, is effective upon entry, and does not require judicial approval. Adams v. USAA Cas. Ins. Co., 863 F.3d 1069, 1078 (8th Cir. 2017). 1

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