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Lalemant NV v. Antex Intertrade, Ltd., 1:20-cv-23-TFM-N. (2020)

Court: District Court, S.D. Alabama Number: infdco20200130840 Visitors: 23
Filed: Jan. 28, 2020
Latest Update: Jan. 28, 2020
Summary: ORDER FRCP 9(h) In Admiralty TERRY F. MOORER , District Judge . Pending before the Court is Plaintiff Lalemant NV's Notice of Dismissal. Doc. 8, filed January 24, 2020. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation signed by all parties who have appeared." FED. R. CIV. P. 41(a)(1)(A). The
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ORDER

FRCP 9(h) In Admiralty

Pending before the Court is Plaintiff Lalemant NV's Notice of Dismissal. Doc. 8, filed January 24, 2020. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation signed by all parties who have appeared." FED. R. CIV. P. 41(a)(1)(A). The notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment. Consequently, by operation of Fed. R. Civ. P. 41, this action has been dismissed in accordance with the notice. Therefore, this case is dismissed without prejudice with each party to bear their own attorneys' fees and costs.

The previously issued arrest warrants are hereby CANCELLED, any remaining motions are DENIED as moot, and the Clerk of the Court is DIRECTED to close this case.

DONE and ORDERED.

Source:  Leagle

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