Williams v. Cleveland County Board of County Commissioners et al

Filing 75

ORDER OF DISMISSAL. Signed by Honorable Robin J. Cauthron on 11/14/18. (wh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CYNTHIA WILLIAMS, as Personal
Representative of the Estate of
Austin Vance, deceased,
Plaintiff,
v.
BOARD OF COUNTY
COMMISSIONERS FOR CLEVELAND
COUNTY, et al.,
Defendants.

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Case No. CIV-17-1051-C

ORDER OF DISMISSAL
Now before the Court are Plaintiff’s Notices of Dismissal with Prejudice (Dkt. Nos.
73 & 74). These Notices are treated as Motions to Dismiss pursuant to Rule 41(a)(2).
The purpose of Rule 41 is “primarily to prevent voluntary dismissals which unfairly
affect the other side, and to permit the imposition of curative conditions.” Clark v. Tansy,
13 F.3d 1407, 1411 (10th Cir. 1993) (internal quotation marks and citations omitted).
“Rule 41(a)(2) requires a court to review a motion by a plaintiff to dismiss a complaint if
the action has proceeded beyond service of an answer or of a motion for summary
judgment, and there is not unanimous agreement among all parties supporting the
dismissal.” Cnty. of Santa Fe, N.M. v. Pub. Serv. Co of N.M., 311 F.3d 1031, 1047 (10th
Cir. 2002).
Here, the Notices of Dismissal with Prejudice state that the dismissal of the action
is with prejudice and each party bears his or her respective costs, including attorneys’ fees.

From the record, this Court notes that there has been no Objection or Response by
Defendants that would alert the Court of a condition which would unfairly prejudice the
litigants. As a result, this Court will dismiss this action with prejudice pursuant to Rule
41(a)(2).
Accordingly, the Notices of Dismissal with Prejudice (Dkt. Nos. 73 & 74), are
treated as Motions to Dismiss, and they are GRANTED. The action is dismissed with
prejudice and the parties are responsible for their respective costs. All other parties have
been previously dismissed from this action and this Order resolves all issues against all
parties. A separate judgment will issue.
IT IS SO ORDERED this 14th day of November.

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