Franz v. Doe, 2:18-cv-536-FtM-38MRM. (2018)
Court: District Court, M.D. Florida
Number: infdco20181224862
Visitors: 32
Filed: Dec. 21, 2018
Latest Update: Dec. 21, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Plaintiff's Notice of Voluntary Dismissal with Prejudice and Plaintiff's Amended Notice of Voluntary Dismissal Without Prejudice. (Docs. 27; 28). Plaintiff seeks dismissal of his claims against John Doe and Walmart, Inc. under Florida Rule of Civil Procedure 1.420. But federal procedural rules apply in federal court. See Royalty Network, Inc. v. Harris, 756 F.3d 1351 , 1357 (11th Cir. 2014) ("It is well established t
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Plaintiff's Notice of Voluntary Dismissal with Prejudice and Plaintiff's Amended Notice of Voluntary Dismissal Without Prejudice. (Docs. 27; 28). Plaintiff seeks dismissal of his claims against John Doe and Walmart, Inc. under Florida Rule of Civil Procedure 1.420. But federal procedural rules apply in federal court. See Royalty Network, Inc. v. Harris, 756 F.3d 1351 , 1357 (11th Cir. 2014) ("It is well established th..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Plaintiff's Notice of Voluntary Dismissal with Prejudice and Plaintiff's Amended Notice of Voluntary Dismissal Without Prejudice. (Docs. 27; 28). Plaintiff seeks dismissal of his claims against John Doe and Walmart, Inc. under Florida Rule of Civil Procedure 1.420. But federal procedural rules apply in federal court. See Royalty Network, Inc. v. Harris, 756 F.3d 1351, 1357 (11th Cir. 2014) ("It is well established that when a federal court considers a case that arises under its diversity jurisdiction, the court is to apply state substantive law and federal procedural law."). So Plaintiff must comply with Federal Rule of Civil Procedure 41 if he seeks to dismiss this case. Plaintiff has not done so. The dismissals are thus ineffective. Moving forward, Plaintiff may file a notice of dismissal that complies with Rule 41.
Accordingly, it is now
ORDERED:
Plaintiff's Notice of Voluntary Dismissal with Prejudice (Doc. 28) and Plaintiff's Amended Notice of Voluntary Dismissal Without Prejudice (Doc. 28) are DENIED without prejudice.
DONE and ORDERED.
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Source: Leagle
