Northport Health Services of Arkansas, LLC et al v. O'Brien

Filing 40

ORDER OF DISMISSAL WITH PREJUDICE re 39 Notice of Voluntary Dismissal of Case. Signed by Honorable P. K. Holmes, III on September 20, 2012. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION NORTHPORT HEALTH SERVICES OF ARKANSAS, LLC d/b/a PARIS HEALTH AND REHABILITATION; NORTHPORT HEALTH SERVICES, INC.; and NHS MANAGEMENT, LLC v. PLAINTIFFS Case No. 2:10-CV-02013 SANDRA O’BRIEN, as Special Administrator of the Estate of Robert Warren, Deceased DEFENDANT ORDER OF DISMISSAL Before the Court is Plaintiffs’ Notice of Voluntary Dismissal. (Doc. 39). Plaintiffs request dismissal of their case, pursuant to Federal Rule of Civil Procedure 41. Plaintiffs represent that the this matter has been settled. While the Notice requests dismissal without prejudice, the proper resolution, based on the fact that the parties have entered into a settlement agreement, is dismissal with prejudice. It appearing to the Court that the matter has been settled, the Court finds that the instant matter should be dismissed with prejudice, subject to the terms of the settlement agreement. If any party desires to make the terms of the settlement a part of the record herein, those terms should be reduced to writing and filed with the Court within thirty days from the file date of this Order. The Court retains jurisdiction to vacate this Order and to reopen the action upon cause shown that settlement has not been completed and that a party wishes this Court to enforce the settlement agreement specifically. Because a court order is required for dismissal of this case pursuant to Fed. R. Civ. P. 41(a), the Court treats Plaintiffs’ Notice as a Motion to Dismiss. That Motion (Doc. 39) is GRANTED and Plaintiffs’ claims are dismissed with prejudice in accordance with Fed. R. Civ. P. 41(a)(2). IT IS SO ORDERED this 20th day of September, 2012. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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