Dennington v. State Farm Fire and Casualty Company et al

Filing 199

ORDER withdrawing 185 MOTION for Partial Summary Judgment pursuant to 197 Notice of Withdrawal filed by James Stuart, Careda L. Hood. Signed by Honorable Susan O. Hickey on June 6, 2019. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JAMES STUART and CAREDA L.
HOOD, individually and on behalf
of all others similarly situated
v.

PLAINTIFFS
Case No. 4:14-cv-4001

STATE FARM FIRE AND CASUALTY
COMPANY

DEFENDANT
ORDER

Before the Court is Plaintiffs’ Notice of Withdrawal of Motion for Partial Summary
Judgment. (ECF No. 197). The Court construes the notice as a motion to withdraw the motion
for partial summary judgment. 1 Defendant has not filed a response and the time to do so has
passed. The Court finds the matter ripe for consideration.
On April 25, 2019, Plaintiffs filed a motion for partial summary judgment. (ECF No. 185).
On May 20, 2019, Defendant filed a notice, stating that certain information provided to Plaintiffs
during discovery may be inaccurate in light of newly uncovered evidence. Defendant’s notice
provides further that it is investigating the extent of the inaccuracies and will be providing
supplemental discovery to Plaintiff.
On May 21, 2019, Plaintiffs filed the instant motion, stating that they wish to withdraw
their motion for partial summary judgment, which relies in part on the inaccurate data discussed
above. Plaintiffs state that they will resubmit their motion for partial summary judgment with any

The Local Rules do not contemplate a party’s filing being withdrawn simply by operation of the party filing a notice
of withdrawal. However, even if such a mechanism existed, Plaintiffs’ notice of withdrawal did not have its intended
effect, as their motion for partial summary judgment was not withdrawn by the Clerk of Court and remains pending.
For clarity of the docket, the Court issues this order.

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necessary modifications after receiving the revised information from Defendant.
Upon consideration, the Court finds that good cause has been shown for the motion.
Accordingly, Plaintiffs’ motion (ECF No. 197) is hereby GRANTED. Plaintiffs’ motion for
partial summary judgment (ECF No. 185) is hereby WITHDRAWN, with leave to refile after
Plaintiffs have received any necessary supplemental discovery.
IT IS SO ORDERED, this 6th day of June, 2019.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge

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