El Dorado Ammonia, LLC v. Benham Constructors, LLC, 1:18-cv-1006. (2018)
Court: District Court, W.D. Arkansas
Number: infdco20180904725
Visitors: 2
Filed: Aug. 31, 2018
Latest Update: Aug. 31, 2018
Summary: ORDER SUSAN O. HICKEY , District Judge . Before the Court is Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice. (ECF No. 103). Defendants have not responded to the motion, and their time to do so has passed. See Local Rule 7.2(b). The Court finds the matter ripe for consideration. Plaintiffs ask the Court to allow them to dismiss this case without prejudice pursuant to Federal Rule of Civil Procedure 41(a). Federal Rule of Civil Procedure 41 governs the dismissal of actions. R
Summary: ORDER SUSAN O. HICKEY , District Judge . Before the Court is Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice. (ECF No. 103). Defendants have not responded to the motion, and their time to do so has passed. See Local Rule 7.2(b). The Court finds the matter ripe for consideration. Plaintiffs ask the Court to allow them to dismiss this case without prejudice pursuant to Federal Rule of Civil Procedure 41(a). Federal Rule of Civil Procedure 41 governs the dismissal of actions. Ru..
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ORDER
SUSAN O. HICKEY, District Judge.
Before the Court is Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice. (ECF No. 103). Defendants have not responded to the motion, and their time to do so has passed. See Local Rule 7.2(b). The Court finds the matter ripe for consideration.
Plaintiffs ask the Court to allow them to dismiss this case without prejudice pursuant to Federal Rule of Civil Procedure 41(a). Federal Rule of Civil Procedure 41 governs the dismissal of actions. Rule 41(a) expressly provides for the voluntary dismissal of an action by the plaintiff or by court order in subsections (a)(1)1 and (a)(2), respectively. Pursuant to Rule 41(a)(2), an action may be dismissed by court order at the plaintiff's request, on terms the court considers proper. "Voluntary dismissal under Rule 41(a)(2) should not be granted if a party will be prejudiced by the dismissal." Adams v. USAA Cas. Ins. Co., 863 F.3d 1069, 1079 (8th Cir. 2017).
Upon consideration, the Court finds that good cause for the motion has been shown. Defendants do not argue that they would be prejudiced by dismissal of this case. Therefore, the Court finds that Plaintiffs' motion (ECF No. 103) should be and hereby is GRANTED. This case is hereby DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
FootNotes
1. Rule 41(a)(1) allows for dismissal if the plaintiff files a notice of dismissal before the opposing party files either an answer or a motion for summary judgment, or when all parties file a signed stipulation of dismissal. Based on the record before the Court, Rule 41(a)(1) is not applicable in this case.
Source: Leagle
