Higgins v. Vinita Express, Inc. et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
DENNIS HIGGINS 	PLAINTIFF
v. 	Case No. 4:23-cv-04108
VINITA EXPRESS INC.; GSC
TRANSHOLDING LLC; CRT EXPRESS
INC.; CRST MALONE, INC.; STATE
FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY; JOHN
DOES (1, 2, 3, etc.) 	DEFENDANTS
ORDER
Before the Court is Plaintiff’s Motion to Dismiss Separate Defendant CRST Malone, Inc. ECF
No. 33. The Court finds the matter ripe for consideration.
On June 27, 2024, Plaintiff filed the instant Motion. 	Id. 	“[P]ursuant to Rule 41(a) of the
Federal Rules of Civil Procedure,” Plaintiff “moves to dismiss the Separate Defendant, CRST Malone,
Inc.” Id. No party has responded to the motion and the time to do so has passed. 	See Local Rule 7.2.
“[A]n action may be dismissed at the plaintiff's request only by court order.” Fed. R. Civ. P. 41(a)(2).0F
1
Upon consideration, the Court finds that Plaintiff’s Motion to Dismiss Separate Defendant
CRST Malone, Inc., (ECF No. 33) should be and hereby is GRANTED. All claims against Defendant
CRST Malone, Inc., are hereby DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 17th day of July, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
1 Federal Rule of Civil Procedure (a)(2) further provides as follows: “If a defendant has pleaded a counterclaim before
being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if
the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal
under this paragraph (2) is without prejudice.” Fed. R. Civ. P. 41(a)(2). Defendant CRST Malone, Inc., has not
pleaded a counterclaim. See ECF No. 12.
Case 4:23-cv-04108-SOH Document 39 Filed 07/17/24 Page 1 of 1 PageID #:
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