Worley Brown, LLC v. The Mississippi Department of Archives and History

Filing 15

ORDER granting 6 Motion to Dismiss without prejudice, with the parties to bear their own costs. Signed by District Judge Keith Starrett on 8/11/09 (PKM)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

WORLEY BROWN, LLC V. THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY

PLAINTIFFS CAUSE NO. 5:09-CV-42 KS-MTP

D EFENDANTS

ORDER OF DISMISSAL WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION

This matter having come before the Court on the Defendant's Motion to Dismiss on Grounds of Eleventh Amendment Immunity and the Response thereto filed herein by the Plaintiffs and the Court having considered said Motion and Response and, the Court being fully advised in the matter and being of the opinion that the Court does not have subject matter jurisdiction to consider the merits of the Plaintiff's claims as set forth in the Complaint filed herein, the Motion to Dismiss is well-taken and should be granted. IT IS THEREFORE ORDERED AND ADJUDGED that this matter is hereby dismissed without prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, with the parties to bear their own costs. SO ORDERED AND ADJUDGED this the 11th day of August, 2009.

s/Keith Starrett UNITED STATES DISTRICT JUDGE

Presented By: Tim L. Waycaster (MSB # 7007) Waycaster & Waycaster, LLP 605 Steed Rd. Ridgeland, MS 39157 601-898-9991 ­ telephone [phone] ­ facsimile

Bruce M. Kuehnle, Jr. (MSB #4274) P.O. Box 866 Natchez, MS 39121 601-442-2733 ­ telephone
Attorneys for Plaintiff, Worley Brown, LLC