Nellums v. North Little Rock School District

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

MICHAEL NELLUMS PLAINTIFF

No. 4:19-cv-751-DPM

NORTH LITTLE ROCK SCHOOL DISTRICT DEFENDANT

ORDER 1. The Court directs the Clerk to correct the docket. Doc. 27 is a motion to reply. The motion is granted. And the embedded reply is deemed filed. 2. Nellums’s motion to voluntarily dismiss his case, Doc. 24, is granted. Most of the District’s work will be useful if the case is refiled. And the District may seek any sunk costs, including attorney’s fees. FED. R. Civ. P. 41(d); Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980). This option will, the Court concludes, eliminate any real prejudice from the tardy nonsuit. The District’s motion for summary judgment, Doc. 21, is denied as moot. So Ordered.

D.P. Marshak 2 United States District Judge Z_Defopur 1020 _