Boyd v. Southern Energy Homes, Inc. et al

Filing 24

ORDER granting 22 Motion to Dismiss Signed by Honorable David C. Bramlette, III on 7/29/2015 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
RODNEY BOYD, INDIVIDUALLY, AND
AS GUARDIAN AND NEXT FRIEND OF
COLE BOYD AND MONTE BOYD, minors
VS.

PLAINTIFFS

CIVIL ACTION NO. 5:13-cv-13(DCB)(MTP)

SOUTHERN ENERGY HOMES, INC.,
McCANTS MOBILE HOMES, LLC,
AND JOHN DOES 1 through 10

DEFENDANTS

ORDER OF DISMISSAL
This cause is before the Court on defendants Southern Energy
Homes, Inc.’s and McCant’s Mobile Home, LLC’s Motion for Entry of
Order of Dismissal (docket entry 22), which is unopposed by the
plaintiffs (docket entry 23).

By Order of March 25, 2014, the

Court referred all claims of the plaintiffs to arbitration, and
this case was subsequently stayed pending arbitration.

All claims

were arbitrated by agreement of the parties. By Agreed Order dated
July 9, 2015 (docket entry 22-5), signed by the attorneys of record
for

the

parties,

and

expressly

endorsed

by

Rodney

Boyd,

individually and as guardian and next friend of the minors Cole
Boyd and Monty Boyd, the plaintiffs’ claims in this action in
arbitration were dismissed without prejudice.
Inasmuch as all claims have been dismissed in arbitration,
IT IS HEREBY ORDERED that defendants Southern Energy Homes,
Inc.’s and McCant’s Mobile Home, LLC’s Motion for Entry of Order of
Dismissal

(docket

entry

22)

is

GRANTED,

and

all

claims

are

dismissed without prejudice.
A Final Judgment dismissing this action without prejudice
shall be entered of even date herewith.
SO ORDERED, this the 29th day of July, 2015.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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