Pinson et al v. 45 Development, LLC et al

Filing 59

ORDER granting 58 , Motion to Dismiss without prejudice Separate Defendants, John Alford and Jeff Palmer, and they are terminated from this action. Signed by Honorable P. K. Holmes, III on February 5, 2013. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CURTIS PINSON and CRISTI PINSON, Individually and as Husband and Wife v. PLAINTIFFS Case No. 2:12-CV-02160 45 DEVELOPMENT, LLC; JEFF PALMER; JOHN ALFORD; CITI TRENDS, INC., d/b/a CITITRENDS DEFENDANTS BRANDRITE SIGN COMPANY, INC. THIRD-PARTY DEFENDANT ORDER Currently before the Court is Plaintiffs’ Motion to Dismiss (Doc. 58) Separate Defendants John Alford and Jeff Palmer. Plaintiffs request an order dismissing Defendants Alford and Palmer, without prejudice, from this action pursuant to Fed. R. Civ. P. 41(a)(2). Defendants Alford and Palmer have not pled a counterclaim in this lawsuit and defense counsel has represented to the Court that they have no objection to their dismissal. Therefore, the Court finds that Plaintiffs’ Motion to Dismiss (Doc. 58) should be and hereby is GRANTED, and all claims against Defendants Jeff Palmer and John Alford are DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to terminate Jeff Palmer and John Alford as parties to this action. IT IS SO ORDERED this 5th day of February, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U. S. DISTRICT JUDGE

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