Hastings v. FCA US, LLC

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

LIAM HASTINGS, Individually and as Parent and Next Friend of NICOLAS HASTINGS and SYDNEY HASTINGS, both Minors; and TRENTON HASTINGS, Individually PLAINTIFFS

v. Case No. 4:19-cv-4067

FCA US LLC f/k/a/ CHRYSLER GROUP, LLC f/k/a CHRYSLER LLC f/k/a/ DAIMLER CHRYSLER f/k/a CHRYSLER CORPORATION; LONNIE MCCURRY’S FOUR-WHEEL-DRIVE- CENTER, INC. d/b/a SKYJACKER SUSPENSION, INC. DEFENDANTS

ORDER Before the Court is Plaintiffs’ Motion to Dismiss With Prejudice The Complaint Against Lonnie McCurry’s Four-Wheel-Drive-Center, Inc. (ECF No. 131). No response is necessary. The Court is informed that the parties have settled all issues in this case. Pursuant to their settlement agreement, Plaintiffs ask to dismiss with prejudice their claims against Defendant Lonnie McCurry’s Four-Wheel-Drive-Center, Inc. An action or claim may be dismissed by court order, 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). Good cause exists for the motion because the Court sees no reason why the parties would be prejudiced by the dismissal of Plaintiff’s claims against Defendant Lonnie McCurry’s Four- Wheel-Drive-Center, Inc. Accordingly, the instant motion (ECF No. 131) is hereby GRANTED. Plaintiffs’ claims against Defendant Lonnie McCurry’s Four-Wheel-Drive-Center, Inc. are hereby DISMISSED WITH PREJUDICE. Plaintiffs have not yet moved to dismiss their claims against Defendant FCA US LLC, so those claims remain pending. IT IS SO ORDERED, this 7th day of June, 2022. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge