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Bolyer v. Circle H. Trucking of Ashley, LLC

United States District Court, W.D. Louisiana, Monroe Division

July 27, 2018

KAREN BOLYER
v.
CIRCLE H. TRUCKING OF ASHLEY, LLC, and JONATHAN MCKELVEY

          KAREN L. HAYES MAGISTRATE JUDGE

          RULING

          TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE.

         Plaintiff 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 proceeding.

         I. FACTS

         Bolyer 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 jurisdiction.

         On 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].

         A 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].

         On July 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].

         This matter is now ripe, and the Court is ready to rule in this matter.

         II. LAW AND ANALYSIS

         A. Standard of Review

         Federal Rule of Civil Procedure 41(a) provides in pertinent part:

(a) Voluntary ...

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