Reyes v. USAble Life et al

Filing 6

ORDER granting 5 Joint Motion to Dismiss Party. USAble Mutual Insurance Company and Western Arkansas Counseling & Guidance Center, Inc. are Terminated as parties in this action. Signed by Honorable P. K. Holmes, III on June 14, 2018. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION DINORA REYES v. PLAINTIFF No. 2:18-CV-02075 USABLE LIFE; USABLE MUTUAL INSURANCE COMPANY; WESTERN ARKANSAS COUNSELING & GUIDANCE CENTER, INC.; POLICY NUMBER 50019936-LTD; JOHN AND JANE DOE 1-10 DEFENDANTS ORDER Before the Court is Plaintiff Dinora Reyes and Separate Defendant USAble Life’s (Doc. 5) joint motion to dismiss separate defendants USAble Mutual Insurance Company (“USAble Mutual”) and Western Arkansas Counseling & Guidance Center, Inc. (“WACGC”). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(1)(ii), the parties move to dismiss USAble Mutual and WACGC because “USAble Life is the appropriate Defendant for purposes of defending the claims pleading in the Plaintiff’s complaint and satisfaction of any judgement based on the Plaintiff’s Complaint.” (Id., p. 1). IT IS THEREFORE ORDERED that the parties’ joint motion (Doc. 5) to dismiss defendants USAble Mutual and WACGC is GRANTED, and all claims against USAble Mutual and WACGC are DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to terminate USAble Mutual Insurance Company and Western Arkansas Counseling & Guidance Center, Inc. as parties to this action. IT IS SO ORDERED this 14th day of June, 2018. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE 1

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