Michael Lindsey v. Oaklawn Jockey Club

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 4, 2024
• Docket: 23-2890
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2890 ___________________________

Michael Lindsey, as husband and wife; Marquesa Lindsey, as husband and wife

lllllllllllllllllllllPlaintiffs - Appellants

v.

Oaklawn Jockey Club, Inc.; John Doe

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Western District of Arkansas ____________

Submitted: March 26, 2024 Filed: April 4, 2024 [Unpublished] ____________

Before SMITH, GRUENDER, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Michael and Marquesa Lindsey appeal the district court’s1 denial of their motion to voluntarily dismiss their action without prejudice. After careful review of

1 The Honorable Susan O. Hickey, Chief Judge, United States District Court for the Western District of Arkansas. the record and the parties’ arguments on appeal, we conclude the district court did not abuse its discretion in denying the Lindseys’ motion. See Hamm v. Rhone-Poulenc Rorer Pharms., Inc., 187 F.3d 941, 950 (8th Cir. 1999) (reviewing denial of motion to voluntarily dismiss for abuse of discretion). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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