Higgs v. PNK, Inc. et al
Filing
32
ORDER re 31 Notice of Voluntary Dismissal of Party/Case filed by Vinson Keith Hardage; Vinson Keith Hardage is dismissed with prejudice as to all claims and causes of action as Intervenor-Plaintiff. Signed by Honorable Susan O. Hickey on July 10, 2018. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JARED HIGGS, individually and
as special administrator of the estate
of Heather Higgs, deceased
PLAINTIFF
VINSON KEITH HARDAGE
v.
INTERVENOR
Case No. 4:16-cv-4079
PNK, INC. and JERRY FREEMAN
DEFENDANTS
ORDER
Before the Court is Intervenor Vinson Keith Hardage’s Notice of Dismissal. (ECF No.
31). No party has responded, and the time to do so has passed. See Local Rule 7.2(b). The Court
finds the matter ripe for consideration.
Intervenor states that he has settled all claims against Defendants in this matter and requests
that his claims be dismissed with prejudice. Federal Rule of Civil Procedure 41 governs the
dismissal of actions. Rule 41(a) expressly provides for the voluntary dismissal of an action by the
plaintiff or by court order in subsections (a)(1) and (a)(2), respectively. Pursuant to Federal Rule
of Civil Procedure 41(a)(2), an action may be dismissed by court order at the plaintiff’s request,
on terms the court considers proper.
Upon consideration, the Court finds that good cause has been shown for the motion.
Accordingly, Intervenor’s claims against Defendants are hereby DISMISSED WITH
PREJUDICE. If any party desires that the terms of settlement be a part of the record therein,
those terms should be reduced to writing and filed with the Court within thirty (30) days of the
entry of this judgment. The Court retains jurisdiction to vacate this Order and to reopen this action
upon cause shown that the settlement has not been completed and further litigation is necessary.
IT IS SO ORDERED, this 10th day of July, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
2
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