POPLAR OAKS, INC. v. DOE, 2:14-cv-691-FtM-38DNF. (2015)
Court: District Court, M.D. Florida
Number: infdco20150317a23
Visitors: 5
Filed: Mar. 16, 2015
Latest Update: Mar. 16, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal without Prejudice of John Doe ( Doc. #14 ) filed on March 12, 2015. 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 n
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal without Prejudice of John Doe ( Doc. #14 ) filed on March 12, 2015. 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 no..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal without Prejudice of John Doe (Doc. #14) filed on March 12, 2015. 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, Plaintiff Poplar Oaks, Inc. dismisses this action without prejudice. Defendant John Doe has not filed an answer or motion for summary judgment. As a result, this matter is due to be dismissed pursuant to Rule 41(a)(1)(A)(i).
Accordingly, it is now
ORDERED:
Pursuant to Plaintiff's Notice of Voluntary Dismissal without Prejudice of John Doe (Doc. #14) and Rule 41(a)(1)(A)(i), the Complaint (Doc. #1) is DISMISSED without prejudice. The Clerk is directed to terminate any pending motions, enter judgment, and close the case.
DONE and ORDERED.
FootNotes
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Source: Leagle
