The attorney representing Vivian Pompliano in her federal lawsuit against the city and others filed a motion seeking a dismissal with prejudice of the claims against defendants Rose Beacham and L&R Motor Company.

Windsor attorney Lloyd C. Smith III filed the motion to dismiss under Rule 41 of the Federal Rules of Civil Procedure on Monday, according to electronic documents filed in the case.

Rule 41 governs the dismissal of civil actions in federal courts and essentially provides the legal framework for how a lawsuit can be ended before a full trial, either voluntarily by the plaintiff or involuntarily by the court or a defendant.

Beacham and L&R could become the third and fourth defendants in the case to have complaints dismissed against them. In January, the complaints against defendants Vickie Evans and Dennis Harvey were voluntarily dismissed.

If the motion is approved, that would leave the city of Roanoke Rapids; former officer Jamie Lee Hardy; and officers Antonio Seward and Jayme Shelburne in their individual and official capacities as defendants in the case.

The motion filed Monday and the response to the motion filed on behalf of Beacham and L&R do not provide details of why the dismissal is sought.

The lawsuit charges that the three officers within the Roanoke Rapids Police Department exercised extreme misconduct which contributed to the demise of Pompliano’s business — Pomp Boys Motors, a classic car and auto repair shop.

The lawsuit contends that through a repeated pattern of harassment, threats, and eventually false criminal charges, the intent of the officers was to protect the financial interests of local mechanics and car shop owners through retaliation for the plaintiff’s constitutionally protected speech and actions.

In response to the motion to dismiss, the attorney for Beacham and L&R says they consent to the motion, as does Hardy. “The undersigned is not aware that any other defendant objects to the motion to dismiss.”

The complaint against Beacham, a woman who was more than 80 in April of 2021, and L&R centers on a 1969 Ford Galaxie which Beacham had arranged to be driven to Pomp Boys for repair estimates.

Beacham spoke with Pompliano about needing an estimate before any work was done.

Pomp Boys, according to previous court documents, would not provide Beacham with an estimate and charged her $137.76 to look at the car. An invoice dated May 26, 2021, was sent to the woman.

Pomp Boys had sent emails to Beacham on July 28, 2021, “purportedly sending her an ‘estimate’ on the cost of work on the Galaxie. Neither Beacham nor L&R approved the estimate or agreed to the work described in the estimate at the cost stated in the document.”