Gilbreath et al v. Sunbeam Products, Inc.

Filing 60

ORDER granting Plaintiff's Motion 58 and Plaintiffs' cause of action is hereby Dismissed with Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). The Clerk is directed to unconsolidate the cases, all pleadings and other documents in Trusty, et al v. Sunbeam Products, Inc are to be filed under case no. 2:13cv2039. Signed by Honorable P. K. Holmes, III on January 21, 2014. (lw) Modified on 1/21/2014 to edit text (lw).

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
GLEN GILBREATH and
DARLA GILBREATH
PLAINTIFFS
v.

Case No. 2:12-CV-02142

SUNBEAM PRODUCTS, INC.

DEFENDANT
ORDER

Currently before the Court is Plaintiffs’ motion for voluntary nonsuit (Doc. 58). Plaintiffs
Glen Gilbreath and Darla Gilbreath move to dismiss this action with prejudice pursuant to Rule
41(a) of the Federal Rules of Civil Procedure. Defendant Sunbeam Products, Inc. has filed a
response (Doc. 59) indicating that it does not oppose the motion. Because Defendant has already
served an answer (Doc. 7) in this case, a court order is required for Plaintiffs’ action to be dismissed.
Fed. R. Civ. P. 41(a)(2). Therefore, upon due consideration, Plaintiffs’ motion (Doc. 58) is
GRANTED and Plaintiffs’ cause of action is hereby DISMISSED WITH PREJUDICE pursuant to
Federal Rule of Civil Procedure 41(a)(2). The parties are to bear their own fees and costs.
The Court previously entered an order (Doc. 19) consolidating this case with case no.
2:13-CV-02039, Trusty, et al. v. Sunbeam Products, Inc. As consolidation is no longer necessary,
the Clerk of the Court is DIRECTED to unconsolidate the cases. Henceforth, all pleadings and other
documents in Trusty, et al. v. Sunbeam Products, Inc. are to be filed under case no. 2:13-CV-02039.
IT IS SO ORDERED this 21st day of January, 2014.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE