Poe v. Martin Transport, Inc.

Filing 27

ORDER: as to 15 Motion to Dismiss without prejudice. Oral Argument set for 10/26/2010 at 10:00 AM in Courtroom 2 before Judge Frank J. Polozola.. Signed by Judge Frank J. Polozola on 8/11/2010. (CMM, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JASON POE VERSUS MARTIN TRANSPORT, INC. and PCS NITROGEN, INC.

CIVIL ACTION NUMBER 10-220-FJP-CN

ORDER

The Court hereby sets oral argument on the issue of whether the Court should grant plaintiff's motion to dismiss without prejudice. The issues before the Court are not only the merits of

the Rule 12(b)(6) motion, but also the application of Rule 41 of the Federal Rules of Civil Procedure to the facts of this case. The specific motion question to is whether without the Court can grant the

plaintiff's

dismiss

prejudice

because

defendant has filed a motion to dismiss with prejudice.

At this

hearing, the parties shall also be prepared to argue the Rule 12(b)(6) motion to dismiss by the defendant. Oral Argument is

hereby set at 10:00 a.m. on Tuesday, October 26, 2010, in Courtroom

Doc#46871

2 of the Russell B. Long Federal Building, 777 Florida Street, Baton Rouge, Louisiana.

IT IS SO ORDERED. Baton Rouge, Louisiana, this 11th day of August, 2010.

S

FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA

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