Garrett et al v. MNL Truck Sales, Inc.

Filing 15

ORDER granting 14 Motion to Dismiss. Ordered that the stay in this action is lifted and all claims are dismissed without prejudice. Signed by Chief District Judge Louis Guirola, Jr on 6/6/17. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
ANTHONY GARRETT and
AL GARRETT TRUCKING, II, LLC

PLAINTIFFS

v.

CAUSE NO. 1:16CV333-LG-RHW

MNL TRUCK SALES, INC.

DEFENDANT

ORDER LIFTING STAY AND GRANTING MOTION TO DISMISS
WITHOUT PREJUDICE
BEFORE THE COURT is the [14] Motion to Dismiss Without Prejudice filed
by Plaintiffs Anthony Garrett and AL Garrett Trucking, II, LLC. The Court
previously stayed this action pending arbitration. No arbitration has taken place,
however, and Plaintiffs represent that Defendant MNL Truck Sales, Inc. recently
filed for bankruptcy. As a result of the pending bankruptcy, Plaintiffs request that
the Court dismiss this action without prejudice. Defendant has not opposed
Plaintiffs’ Motion to Dismiss, and the Court is of the opinion that the Motion is
well-taken and should be granted. See Fed. R. Civ. P. 41.
IT IS THEREFORE ORDERED AND ADJUDGED that the stay in this
action is lifted, the [14] Motion to Dismiss is GRANTED, and all claims are
DISMISSED WITHOUT PREJUDICE. The Clerk is directed to close this action
on the docket.
SO ORDERED AND ADJUDGED this the 6th day of June, 2017.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE