First State Bank of Crossett v. American National Property and Casualty Company

United States District Court for the Western District of Arkansas

First State Bank of Crossett v. American National Property and Casualty Company

Trial Court Opinion

WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION FIRST STATE BANK OF CROSSETT, ARKANSAS PLAINTIFF v. Case No. 1:18-cv-1037 AMERICAN NATIONAL PROPERTY & CASUALTY COMPANY DEFENDANT ORDER Before the Court is Plaintiff First State Bank of Crossett, Arkansas’s Motion for Voluntary Dismissal. (ECF No. 13). Defendant American National Property & Casualty Company has informed the Court that it does not oppose the motion. The Court finds that no response is necessary and that the matter is ripe for consideration. On July 10, 2019, Plaintiff filed the instant motion, indicating that it wishes to dismiss this

case without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). An action may be dismissed by court order at the plaintiff’s request, on terms the court considers proper. Fed. R. Civ. P. 41(a)(2). “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, as no party would be prejudiced by the dismissal of this case as requested. Accordingly, Plaintiff’s motion (ECF No. 13) is hereby GRANTED. This case is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 11th day of July, 2019.

/s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

Reference

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