United States District Court, W.D. Louisiana, Monroe Division
L. HAYES MAGISTRATE JUDGE
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
Karen Bolyer (“Bolyer”) filed suit against Circle
H Trucking of Ashley, LLC (“Circle H”) and
Jonathan McKelvey (“McKelvey”) as a result of
alleged personal injuries from a June 16, 2017 automobile
accident. On July 12, 2018, Bolyer filed a Motion for Leave
to Dismiss Claims Without Prejudice [Doc. No.26]. The Motion
was opposed by Defendants [Doc. No. 30]. Bolyer filed a reply
[Doc. No. 33] on July 25, 2018. For the following reasons,
Bolyer's motion is GRANTED. Bolyer is required to pay the
court costs incurred by Circle H and McKelvey in this
originally filed a Petition for Damages against Circle H and
McKelvey in the Fourth Judicial District Court, Morehouse
Parish on July 11, 2017. Bolyer alleged injuries sustained in
a June 16, 2017 automobile accident. On March 2, 2018, Circle
H and McKelvey filed a Notice of Removal [Doc. No. 1] and had
the matter removed to this Court on the basis of diversity
March 29, 2018, Bolyer filed a Motion to Remand [Doc. No., 9]
seeking to have this matter remanded back to state court.
Pursuant to the Report and Recommendation of July 10, 2018,
Magistrate Judge Karen L. Hayes recommended that the Motion
to Remand be denied. [Doc. No. 17]. The Report and
Recommendation of Magistrate Judge Hayes was adopted by
Judgment dated May 29, 2018 [Doc. No. 22].
Scheduling Order was filed on July 3, 2018 [Doc. No. 25]
setting the above matter for jury trial on August 12, 2019.
[Doc. No. 26].
12, 2018, Bolyer filed a Motion for Leave to Dismiss the
Claims Without Prejudice. This motion was opposed by Circle H
and McKelvey [Doc. No. 30]. To the opposition, Bolyer filed a
reply on July 25, 2018 [Doc. No. 33].
matter is now ripe, and the Court is ready to rule in this
LAW AND ANALYSIS
Standard of Review
Rule of Civil Procedure 41(a) provides in pertinent part:
(a) Voluntary ...