Stinnett v. Mylan Pharmaceuticals, Inc. et al

Filing 10

ORDER granting 9 Motion to Dismiss Case, Plaintiff's complaint should be, and hereby is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a). Parties shall bear their own costs and attorney fees. However, should Plaintiff re-file his complaint, the Court will consider requiring Plaintiff to compensate Defendants for any duplicative costs and fees incurred. Signed by Honorable Robert T. Dawson on April 20, 2010. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JOHNNY ODIS STINNETT, Individually and as Special Administrator of the Estate of ODIS CARLTON STINNETT, Deceased v. Civ. No. 10-2035 DEFENDANTS

PLAINTIFF

MYLAN PHARMACEUTICALS, INC., et al. ORDER

On March 12, 2010, the Court entered an order staying the above-captioned case. The purpose of this stay was to facilitate

transfer to the Southern District of West Virginia as part of multidistrict litigation ("MDL"). The MDL court has yet to accept

transfer, and as a result, the case remains pending in this Court. Currently before the Court is Plaintiff's Motion to Dismiss without Prejudice. (Doc. 9). Defendants do not object to

dismissal. The Court will grant Plaintiff relief from the stay and permit dismissal. Therefore, the Court, being well and

sufficiently advised, finds that Plaintiff's complaint should be, and hereby is, DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a). and attorney fees. Court The parties shall bear their own costs should Plaintiff requiring re-file Plaintiff his to

However, will

complaint,

the

consider

compensate Defendants for any duplicative costs and fees incurred. IT IS SO ORDERED this 20th day of April 2010. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge