Baird v. Torenzo Ford et al
ORDER granting Plaintiff's 28 Motion to Dismiss, and complaint is dismissed without prejudice; further any other motions currently pending in this case are dismissed as moot. Signed by Honorable P. K. Holmes, III on February 15, 2012. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Case No. 2:10-CV-02123
TORENZO FORD and
FORD MOTOR CREDIT COMPANY, LLC
Currently before the Court are Plaintiff’s Motion to Dismiss (Doc. 28) and Defendants’
Response (Doc. 29). Plaintiff moves this Court to dismiss this action, without prejudice, pursuant
to Fed. R. Civ. P. 41 (a)(2). Defendants do not object to the Motion, but they ask that it be
conditioned on Plaintiff paying the costs of this proceeding, pursuant to Fed. R. Civ. P. 42 (d), in the
event the action is re-filed at a later date.
Upon due consideration, Plaintiff’s Motion (Doc. 28) is GRANTED and Plaintiff’s complaint
is hereby DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41 (a)(2). Should
Plaintiff re-file her complaint in either federal court or state court, she will be required to compensate
Defendants for any duplicative costs and expenses incurred. Any other motions currently pending
in this case are DISMISSED AS MOOT.
IT IS SO ORDERED this 15th day of February, 2012.
P. K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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