Phillips v. Northport Health Services of Arkansas, LLC et al

Filing 14

ORDER terminating as moot re 9 separate defendant Stengel's Motion to Dismiss; withdrawing re 10 plaintiff's Motion to Amend/Correct; granting re 12 Plaintiff's Motion to withdraw motion to Amend/Correct complaint; granting re [1 3] plaintiff's Motion to Dismiss separate defendant, Matthew C. Stengel, without prejudice ONLY, and he is terminated from this case. This order does not affect the remaining defendant, Northport Health Services of Arkansas, LLC. Signed by Honorable Paul K. Holmes, III on June 14, 2011. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DAUNN PHILLIPS

PLAINTIFF

v.

Case No. 2:11-CV-02063

NORTHPORT HEALTH SERVICES OF
ARKANSAS, LLC; and MATTHEW C.
STENGEL

DEFENDANTS
ORDER

Currently before the Court are separate defendant Matthew
Stengel’s Motion to Dismiss (Doc. 9), Plaintiff Daunn Phillips’
Motion to Amend/Correct Complaint (Doc. 10), Plaintiff’s Motion to
Withdraw Motion to Amend (Doc. 12), and Plaintiff’s Motion to
Dismiss without Prejudice Pursuant to F.R.C.P. 41(a)(1)(A)(ii)
(Doc. 13) as to separate defendant Matthew Stengel.

The parties

have stipulated to a dismissal of Plaintiff’s claims against
Stengel

without

prejudice.

(Doc.

13-1).

Rule

41(a)(1)(A)(ii)

requires that a stipulation of dismissal be signed by all parties
who

have

appeared.

In

the

event

that

the

provided

e-mail

correspondence may not be deemed to satisfy these requirements, the
Court finds, upon due consideration, that Plaintiff’s Complaint as
to separate defendant Matthew Stengel should be, and hereby is,
DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil
Procedure 41(a)(2).

The parties are to bear their own fees and

costs.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Withdraw
Motion

to

Amend/Correct

Complaint

(Doc.

12)

is

GRANTED.

Accordingly, Plaintiff’s Motion to Amend/Correct Complaint (Doc.
10) is WITHDRAWN.
IT IS FURTHER ORDERED that separate defendant Stengel’s Motion
to Dismiss (Doc. 9) be TERMINATED AS MOOT.
This order does not affect the remaining defendant, Northport
Health Services of Arkansas, LLC.

IT IS SO ORDERED this 14th day of June 2011.

/s/Paul K. Holmes, III
PAUL K. HOLMES, III
UNITED STATES DISTRICT JUDGE