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)

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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

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