Barrette et al v. Foremost Insurance Group et al

Filing 26

ORDER granting 24 Motion to Dismiss Case. Plaintiffs' claims are dismissed without prejudice. Signed by Honorable Susan O. Hickey on January 8, 2021. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
ELIZABETH BARRET
and JOHN T. BARRET
v.

PLAINTIFFS
Case No. 1:20-cv-01025

FOREMOST INSURANCE COMPANY
GRAND RAPIDS, MICHIGAN; and
AMERICAN BANKERS INSURANCE
COMPANY OF FLORIDA

DEFENDANTS
ORDER

Before the Court is Plaintiffs’ Motion to Dismiss Case. ECF No. 24. Defendants responded
in support of Plaintiffs’ motion. ECF No. 25. The Court finds the matter ripe for consideration.
Plaintiffs seek to nonsuit the action without prejudice. According to Federal Rule of Civil
Procedure 41(a)(2), “Except as provided in Rule 41(a)(1), an action may be dismissed at the
plaintiff's request only by court order, on terms that the court considers proper.”
Upon consideration, the Court finds that good cause exists for granting Plaintiffs’ motion.
Defendants have clearly signaled that they are unopposed to the instant motion. Accordingly,
Plaintiffs’ motion (ECF No. 24) is hereby GRANTED. Plaintiffs’ claims in this case are
DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 8th day of January, 2021.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge