Moss et al v. United States of America

Filing 41

ORDER granting 39 Motion to Dismiss Party. Parties James B. Kozik (In his individual and official capacity), Norman L. Wagoner (In his individual and official capacity), James S. Watson (In his individual and official capacity), Gloria Maples Chrismer (In her individual and official capacity) and Susan K. Deimel (In her individual and official capacity) Terminated. Signed by Honorable Susan O. Hickey on August 6, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SWAN B. MOSS, III, et al. VS. PLAINTIFFS CONSOLIDATED ACTION CASE NO. 12-CV-4030 (Lead Case) UNITED STATES OF AMERICA DEFENDANT THERESA ROEDER, as the Administratrix of the Estate of ESTHER KAY ROEDER, deceased, and on behalf of the wrongful death beneficiaries of ESTHER KAY ROEDER; TARA ROEDER, as the Administratrix of the Estate of BRUCE WAYNE ROEDER, and on behalf of the wrongful death beneficiaries of BRUCE WAYNE ROEDER; and TARA ROEDER, as the Administratrix of the Estate of DEBORAH BUSBY ROEDER, and on behalf of the wrongful death beneficiaries of DEBORAH BUSBY ROEDER VS. PLAINTIFFS CASE NO. 14-CV-4082 UNITED STATES OF AMERICA; JAMES S. WATSON, in his individual and official capacity, GLORIA MAPLES CHRISMER, in her individual and official capacity, NORMAL L WAGONER, in his individual and official capacity, JAMES B. KOZIK, in his individual and official capacity,SUSAN K. DEIMEL, and John Does 1-5, in their individual and official capacity DEFENDANTS ORDER Before the Court is Separate Plaintiffs’ Motion for Voluntary Dismissal. (ECF No. 39 in Case No. 4:12-cv-4030). Plaintiffs move the Court to dismiss the following Separate Defendants from this action: James S. Watson, Gloria Maples Chrismer, Normal L. Wagoner, James Kozik, and Susan K. Deimel. Upon consideration, the Court finds that Plaintiffs’ motion should be and hereby is GRANTED. Pursuant to Federal Rule of Civil Procedure 41(a)(2), Separate Defendants are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 6th day of August, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge -2-

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