Shahid et al v. US Bancorp

Filing 46

MEMORANDUM AND ORDER re: 45 MOTION for Reconsideration re 44 Docket Text Order (in part) filed by Defendant Florissant, City of. Motion is denied. Signed by District Judge Catherine D. Perry on February 28, 2013. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MELLVE SHAHID, et al.,

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Plaintiffs,
vs.
US BANCORP, et al.,
Defendants.

Case No. 4:12CV900 CDP

MEMORANDUM AND ORDER
This matter is before me on the City of Florissant’s motion to reconsider yesterday’s
Order granting plaintiffs’ motion to dismiss without prejudice. Whether to grant a dismissal
under Fed. R. Civ. P. 41(a)(2) is, as defendant acknowledges, within my sound discretion. Here,
defendant argues that I should amend the dismissal to be with prejudice because they have a
pending motion to dismiss and have “expended significant effort” in this case. However,
defendant has failed to specify what efforts they have undertaken in defense of this case other
than filing a barebones motion to dismiss. Given the age of this case and the stage of the
proceedings, I continue to believe that a dismissal without prejudice is proper and within the
interests of justice.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion for reconsideration [#45] is
denied.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 28th day of February, 2013.