Rhodes v. Conifex El Dorado, Inc.

Filing 12

ORDER granting 11 Motion to Dismiss Case (CASE DISMISSED WITHOUT PREJUDICE). Signed by Honorable Susan O. Hickey on November 2, 2018. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
LAQUITTA RHODES, Individually
and on Behalf of all Others
Similarly Situated
v.

PLAINTIFF
Case No. 1:18-cv-1029

CONIFEX EL DORADO, INC.

DEFENDANT
ORDER

Before the Court is Plaintiff Laquitta Rhodes’ Unopposed Motion for Voluntary Dismissal
Without Prejudice. (ECF No. 11). The Court finds that no response is necessary. The Court finds the
matter ripe for consideration.
On May 29, 2018, Plaintiff filed this putative class and collective action pursuant to the Fair
Labor Standards Act and the Arkansas Minimum Wage Act. On November 2, 2018, Plaintiff filed the
instant motion to dismiss. Plaintiff states that she wishes to voluntarily dismiss her claims without
prejudice pursuant to Federal Rule of Civil Procedure 41.
Rule 41 governs the dismissal of actions. An action may be dismissed by court order at the
plaintiff’s request, on terms the court considers proper. Fed. R. Civ. P. 41(a)(2). “Voluntary dismissal
under Rule 41(a)(2) should not be granted if a party will be prejudiced by the dismissal.” Adams v.
USAA Cas. Ins. Co., 863 F.3d 1069, 1079 (8th Cir. 2017).
Upon consideration, the Court finds that good cause has been shown for the motion and that
no party will be prejudiced by the dismissal of this case. Accordingly, the Court finds that Plaintiff’s
motion (ECF No. 11) should be and hereby is GRANTED. Plaintiff’s case is hereby DISMISSED
WITHOUT PREJUDICE.
IT IS SO ORDERED, this 2nd day of November, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge