Miller et al v. Air EVAC Leasing Corporation et al

Filing 27

ORDER granting 26 Motion to Dismiss Case granting 23 Motion to Dismiss Case. Case is dismissed without prejudice. Signed by Honorable Robert T. Dawson on October 21, 2008. (jn)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION DEE ANN MILLER AND MIKE MILLER, HER HUSBAND; AND CLAYTON BRATT V. CIVIL NO. 08-5049

PLAINTIFFS

AIR EVAC LEASING CORPORATION; AIR EVAC EMS, INC.; AND DENNIS ENDERS

DEFENDANTS

DENNIS ENDERS AND CAROL ENDERS, HIS WIFE V. JOHN DOE MAINTENANCE CO. ORDER

CROSS-CLAIMANTS

CROSS-DEFENDANT

Currently before the Court are Plaintiffs' Motion to Dismiss Without Prejudice their claims against Defendants Air Evac Leasing Corp. ("Leasing"); Air Evac EMS, Inc. ("EMS"); and Dennis Enders (Doc. 23)and Cross-Claimants Dennis and Carol Enders's Motion to Dismiss their Claims Without Prejudice (Doc. 26). There is no opposition to either of these Motions, which encompass all claims in this case. Upon due consideration, both Motions are GRANTED and all claims in this case are dismissed WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Each party is to bear its own costs and fees. Should either complaint be re-filed, the Court

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will consider requiring the Claimant to compensate the Respondent for any duplicative costs and attorney's fees incurred.

IT IS SO ORDERED this 21st day of October, 2008. /S/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

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