Hopkins v. Central Health Corporation, No. 6:2011cv03206 - Document 8 (W.D. Mo. 2011)
Court Description: ORDER and OPINION denying as moot 3 Motion to Dismiss for Failure to State a Claim; granting 7 motion for order of dismissal. Signed on 07/21/2011 by District Judge Ortrie D. Smith. (Will-Fees, Eva)
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Hopkins v. Central Health Corporation Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION ASHLEY RENEE HOPKINS, Plaintiff, vs. CENTRAL HEALTH CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) Case No. 11-3206-CV-S-ODS ORDER AND OPINION (1) DENYING AS MOOT MOTION TO DISMISS (DOC. 3), AND (2) GRANTING MOTION FOR ORDER OF DISMISSAL (DOC. 7) Defendant Central Health Corporation moved to dismiss with prejudice Count III of Plaintiff Ashley Renee Hopkins’ petition, which alleges Central Health terminated her employment in violation of Missouri public policy. After Central Health’s motion, Hopkins filed a motion for an Order of Dismissal with respect to Count III. Hopkins was permitted to dismiss as of right because her motion was filed before Central Health filed an answer or a motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(A). Hopkins’ motion to dismiss without prejudice is granted. The Court denies as moot Central Health’s motion to dismiss. IT IS SO ORDERED. DATE: July 21, 2011 /s/ Ortrie D. Smith ORTRIE D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT Dockets.Justia.com
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