DYER v. BANK OF NEW YORK MELON, 5:14-cv-509-Oc-30PRL. (2014)
Court: District Court, M.D. Florida
Number: infdco20141205868
Visitors: 10
Filed: Dec. 04, 2014
Latest Update: Dec. 04, 2014
Summary: ORDER JAMES S. MOODY, Jr., District Judge. THIS CAUSE comes before the Court upon Plaintiff's Notice of Voluntary Dismissal (Doc. 20). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss an action without a court order "by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Otherwise, the plaintiff must file either a motion seeking leave of court to dismiss the action or a joint sti
Summary: ORDER JAMES S. MOODY, Jr., District Judge. THIS CAUSE comes before the Court upon Plaintiff's Notice of Voluntary Dismissal (Doc. 20). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss an action without a court order "by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Otherwise, the plaintiff must file either a motion seeking leave of court to dismiss the action or a joint stip..
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ORDER
JAMES S. MOODY, Jr., District Judge.
THIS CAUSE comes before the Court upon Plaintiff's Notice of Voluntary Dismissal (Doc. 20). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss an action without a court order "by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Otherwise, the plaintiff must file either a motion seeking leave of court to dismiss the action or a joint stipulation of dismissal. Fed. R. Civ. P. 41(a)(1)(A)(ii), (2). Here, Defendants have not filed an answer or motion for summary judgment; however, Defendant JPMorgan Chase Bank, N.A. filed a motion to dismiss Plaintiff's complaint (Doc. 4). Under the plain language of Rule 41(a)(1)(A)(i), the filing of a motion to dismiss does not affect Plaintiff's right to file a notice of voluntary dismissal.
Accordingly, it is therefore ORDERED AND ADJUDGED that:
1. Plaintiff's Notice of Voluntary Dismissal (Doc. 20) is APPROVED.
2. The case is dismissed without prejudice.
3. Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss (Doc. 4) is DENIED as moot.
4. The Clerk is directed to close this case.
Source: Leagle
