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LEE MEMORIAL HEALTH SYSTEM v. HUMANA INSURANCE COMPANY, 2:14-cv-136-FtM-38CM. (2014)

Court: District Court, M.D. Florida Number: infdco20140418d02 Visitors: 4
Filed: Apr. 15, 2014
Latest Update: Apr. 15, 2014
Summary: ORDER SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Plaintiff, Lee Memorial Health System's Notice of Voluntary Dismissal ( Doc. #12 ) filed on April 14, 2014. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part: Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) A notice
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ORDER

SHERI POLSTER CHAPPELL, District Judge.

This matter comes before the Court on the Plaintiff, Lee Memorial Health System's Notice of Voluntary Dismissal (Doc. #12) filed on April 14, 2014. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part:

Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) A stipulation of dismissal signed by all parties who have appeared.

Fed. R. Civ. P. 41(a)(1)(A).

In this instance, the Plaintiff, Lee Memorial Health Systems informs the Court that it voluntarily dismisses the Complaint with prejudice. No answer or summary judgment has been filed, therefore; the case is due to be dismissed with prejudice.

Accordingly, it is now

ORDERED:

The Plaintiff, Lee Memorial Health System's Notice of Voluntary Dismissal (Doc. #12) is GRANTED. The Clerk of the Court is directed to enter judgment accordingly, DISMISS the case with prejudice, terminate any pending motions, and close the file.

DONE and ORDERED.

Source:  Leagle

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