Woody v. Hiway Express, LLC ( 2020 )

WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DAVID WOODY and BEVERLY WOODY, INDIVIDUALLY AND AS SPECIAL CO-ADMINISTRATORS OF ESTATE OF MIRANDA NICOLE WOODY, DECEASED PLAINTIFFS v. Case No. 6:18-cv-6127 HIWAY EXPRESS, LLC and JAMES R. SCOTT DEFENDANTS ORDER Before the Court is the parties’ Joint Motion to Dismiss. (ECF No. 34). No response is necessary. The parties inform the Court that they have settled all issues in this case and, accordingly, they request that the Court dismiss this case with prejudice. 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 with prejudice. Accordingly, the parties’ joint motion (ECF No. 34) is hereby GRANTED. This case is DISMISSED WITH PREJUDICE. If any party desires that the terms of settlement be a part of the record therein, those terms should be reduced to writing and filed with the Court within thirty (30) days of the entry of this judgment. The Court retains jurisdiction to vacate this order upon cause shown that the settlement has not been completed and further litigation is necessary. IT IS SO ORDERED, this 10th day of August, 2020. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge