Brickles et al v. Village of Phillipsburg, Ohio et al

Filing 68

ENTRY AND ORDER granting 67 Plaintiffs' Motion to Dismiss, dismissing the remaining claims in this case without prejudice and terminating case. Signed by Judge Thomas M. Rose on 5-24-2021. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TINA BRICKLES, et al.,

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Plaintiffs,
v.
JUSTIN SANDERSON, et al.,
Defendants.

Case No. 3:18-cv-193
Judge Thomas M. Rose

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ENTRY AND ORDER GRANTING PLAINTIFFS’ MOTION TO DISMISS (DOC.
NO. 67); DISMISSING THE REMAINING CLAIMS IN THIS CASE WITHOUT
PREJUDICE; AND TERMINATING THIS CASE
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This case is before the Court on “Plaintiffs’ Motion to Dismiss Pursuant to Fed. Civ. Rule
41” (Doc. No. 67). On March 10, 2021, the Court entered an order granting summary judgment
to Defendants Village of Phillipsburg, Ohio and Mark Wysong, dismissing all remaining claims
against those two defendants with prejudice. (Doc. No. 66.) As stated in that order, this action
continued with Plaintiffs’ remaining claims against the sole remaining defendant, Justin
Sanderson. (Id. at PageID 1088.) As Plaintiffs note in the present motion, “Defendant Sanderson
is presently incarcerated,” having recently been “sentenced to a term of 43 years” in prison. (Doc.
No. 67 at PageID 1089.) And, as Plaintiffs note in the present motion, “during the conference call
with the Court on May 19, 2021, Defendant Sanderson did not object to the Plaintiff’s [sic] seeking
a dismissal without prejudice.” (Id. at PageID 1090.)
Therefore, the Court GRANTS Plaintiffs’ Motion to Dismiss Pursuant to Fed. Civ. Rule
41 (Doc. No. 67). The remaining claims in this case are DISMISSED WITHOUT PREJUDICE

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in accordance with Federal Rule of Civil Procedure 41(a)(2). The Court directs the Clerk to
TERMINATE this case on the Court’s docket.
DONE and ORDERED in Dayton, Ohio, this Tuesday, May 25, 2021.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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