Jewell v. WalMart, Inc., et al

Filing 40

ORDER granting 39 Motion to Dismiss Case Without Prejudice. Signed by Honorable Susan O. Hickey on May 27, 2020. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ANTHONY JEWELL, individually
and on behalf of all others similarly situated

v.

PLAINTIFF

Case No. 4:19-cv-4088

WALMART INC. and
DOES 1-100

DEFENDANTS
ORDER

Before the Court is the Plaintiff Anthony Jewell’s Motion to Dismiss Without Prejudice.
(ECF No. 39). Defendant Walmart, Inc. has not responded and its time to do so has passed. Local
Rule 7.2(b). The Court finds the matter ripe for consideration.
Plaintiff seeks to nonsuit this case without prejudice. An action may be dismissed by court
order at a plaintiff’s request, on terms the Court considers proper. Fed. R. Civ. P. 41(a)(2).
“Voluntary dismissal under Rule 41(a)(2) should not be granted if a party will be prejudiced by
the dismissal.” Adams v. USAA Cas. Ins. Co., 863 F.3d 1069, 1079 (8th Cir. 2017).
Upon consideration, the Court finds that good cause exists for the motion. A class has not
been certified in this action and Defendant has not argued that it would be prejudiced by dismissal.
Accordingly, Plaintiff’s motion to dismiss (ECF No. 39) is hereby GRANTED. Plaintiff’s claims
in this case are DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 27th day of May, 2020.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge