Troxel v. Hopkins

Filing 11

ORDER granting 10 Motion to Dismiss. Case is dismissed with prejudice pursuant to terms of settlement agreement. Signed by Honorable Susan O. Hickey on April 1, 2021. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION MARCELLA TROXEL, as Parent and Natural Guardian of BROOKLYN WILLIAMS, a Minor v. PLAINTIFF Case No. 4:20-cv-4045 BLYTHE LANE HOPKINS DEFENDANT ORDER Before the Court is Plaintiff’s Motion to Dismiss. ECF No. 10. The Court finds that no response is necessary and that the matter is ripe for consideration. 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). Plaintiff states that both parties have “compromised and resolved their differences” and seeks to have the matter dismissed with prejudice and that each side bear its own costs and fees. The Court finds that language implies that a settlement has been reached between the parties. Defendant has not opposed the motion or offered any contradictory statements. Upon consideration, the Court finds that good cause exists for the motion. Plaintiff’s Motion to Dismiss is hereby GRANTED. This case is hereby DISMISSED WITH PREJUDICE, with each side bearing its own fees and costs. If any party desires that the terms of a 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 order. The Court retains jurisdiction to vacate this order upon cause shown that a settlement has not been completed and further litigation is necessary. IT IS SO ORDERED, this 1st day of April, 2021. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

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