Germany v. Mississippi State Board of Dental Examiners et al

Filing 20

ORDER DISMISSING CASE WITHOUT PREJUDICE AND EACH PARTY SHALL BEAR THEIR OWN COSTS AND EXPENSES. Signed by District Judge Henry T. Wingate on 2/13/09 (JKM) (Additional attachment(s) added on 2/17/2009: # 1 Exhibit) (JKM).

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION JONATHAN D. GERMANY, D.M.D, APRIL BRYANT, R.H.D., and CHERIE NICOLE POPE, R.P.H. VS. MISSISSIPPI BOARD OF DENTAL EXAMINERS, and in their official and individual capacities, JOHN WALTER STARR, JR., D.M.D., JAMES A. BOUNDS, D.M.D., ALVIN L. FELTS, JR., D.M.D., RHONDA C. HARPER, R.D.H., WILLIAM T. O'BRIEN, III, D.D.S., THURMOND BEASLEY, D.D.S., MARION LEWIS GRUBBS, D.M.D., and ROBERT L. SMITH, JR., D.D.S. AGREED ORDER OF DISMISSAL This matter came before the Court upon the joint motion of the parties who have advised that they have reached a settlement (see Attached Exhibit A) and who request that the above entitled action be dismissed with prejudice, said dismissal with prejudice limited to those factual issues that were pending before the Mississippi State Board of Dental Examiners bearing MSBDE Docket Nos. 2007-076, 2008-060, and 2008-061; and that the remainder of the above entitled action be dismissed without prejudice. The Court finds that the parties' motion is well taken and should be granted. It is therefore, ORDERED that the above entitled action be dismissed with prejudice, said dismissal with prejudice limited to those factual issues that were pending before the Mississippi State Board of Dental Examiners bearing MSBDE Docket Nos. 2007-076, 2008-060, and 2008-061. It

PLAINTIFFS CASE NO. 3:08CV470 HTW-LRA

DEFENDANTS

is further ORDERED that the remainder of the above entitled action be, and is hereby, dismissed without prejudice. It is further ORDERED that each party shall bear their own costs and expenses associated with this matter. SO ORDERED this the 13th day of February, 2009. s/ HENRY T. WINGATE CHIEF UNITED STATES DISTRICT JUDGE
Agreed: s/J. Edward Rainer J. Edward Rainer, Esq. RANIER LAW FIRM, PLLC P. O. Box 258 2006 Courtside Drive Brandon, MS 39043 Counsel for Plaintiffs s/Wilson Minor Wilson D. Minor, MSBN 102663 Civil Litigation Division Office of the Attorney General P. O. Box 220 Jackson, Mississippi 39205 Telephone: [phone] Telefax: [phone] Counsel for Defendants Civil Action No. 3:08-cv-470 HTW-LRA Agreed Order of Dismissal