U.S. v. Eye Centers of Florida, P.A., 2:16-cv-834-FtM-38MRM. (2018)
Court: District Court, M.D. Florida
Number: infdco20180608b98
Visitors: 3
Filed: Jun. 07, 2018
Latest Update: Jun. 07, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Relator Cindy Kopec's Notice of Voluntary Dismissal Without Prejudice. (Doc. 5). Under 31 U.S.C. 3730(b)(1) and Federal Rule of Civil Procedure 41(a)(1)(A)(i), Kopec voluntarily dismisses this qui tam suit without prejudice and before any Defendant has responded to the Complaint. The United States does not oppose the dismissal and consents to the same. (Doc. 5). Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Relator Cindy Kopec's Notice of Voluntary Dismissal Without Prejudice. (Doc. 5). Under 31 U.S.C. 3730(b)(1) and Federal Rule of Civil Procedure 41(a)(1)(A)(i), Kopec voluntarily dismisses this qui tam suit without prejudice and before any Defendant has responded to the Complaint. The United States does not oppose the dismissal and consents to the same. (Doc. 5). Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Relator Cindy Kopec's Notice of Voluntary Dismissal Without Prejudice. (Doc. 5). Under 31 U.S.C. § 3730(b)(1) and Federal Rule of Civil Procedure 41(a)(1)(A)(i), Kopec voluntarily dismisses this qui tam suit without prejudice and before any Defendant has responded to the Complaint. The United States does not oppose the dismissal and consents to the same. (Doc. 5).
Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily, without a court order, before the opposing party serves an answer or a motion for summary judgment. This dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Thus, per Rule 41, the Court dismisses this qui tam case without prejudice.
Accordingly, it is now
ORDERED:
(1) Relator Cindy Kopec's Notice of Voluntary Dismissal Without Prejudice (Doc. 5) is GRANTED.
(2) The above-captioned case is DISMISSED without prejudice.
DONE AND ORDERED.
FootNotes
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Source: Leagle
