McCarrell v. Fort Smith, Arkansas, City of et al

Filing 21

ORDER granting 20 Motion to Dismiss Party. Claim's against Jeffrey Blue Lum, Fort Smith, Arkansas, City of and Kevin D. Lindsey are DISMISSED WITH PREJUDICE. It is further ORDERED that all remaining claims are DISMISSED WITHOUT PREJUDICE. Signed by Honorable P. K. Holmes, III on November 17, 2016. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
RANDA MCCARRELL
v.

PLAINTIFF
No. 2:16-CV-02117

CITY OF FORT SMITH, ARKANSAS;
KEVIN D. LINDSEY and JEFFREY BLUE
LUM, each individually and in his official
capacity; TERRY COYNE; and CHANNAN,
INC., d/b/a Grand Mart Laundromat, a/k/a
Grand Mart

DEFENDANT

ORDER
Currently before the Court is the Plaintiff’s motion to dismiss with prejudice her claims
against Separate Defendants City of Fort Smith, Arkansas, Kevin D. Lindsey, and Jeffrey Blue
Lum. (Doc. 20).
It appearing that the parties have settled this matter and are in agreement, it is ORDERED
that the Plaintiff’s motion (Doc. 20) is GRANTED, and her claims against those Defendants are
DISMISSED WITH PREJUDICE.
Because the only remaining claims are state law torts against Defendants Terry Coyne and
Channan, Inc., pursuant to 28 U.S.C. § 1367(c)(3) “the Court should decline to exercise
jurisdiction.” Glorvigen v. Cirrus Design Corp., 581 F.3d 737, 749 (8th Cir. 2009). It is therefore
ORDERED that all remaining claims are DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED this 17th day of November, 2016.

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