Filed: Apr. 27, 2015
Latest Update: Apr. 27, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff Daniel Jackson's Notice of Voluntary Dismissal Without Prejudice As to Defendants St. Jude Medical Neuromodulation Division, and Medtronic, Inc. ( Doc. #40 ) filed on April 21, 2015. On March 30, 2015, the Court granted Defendant Advanced Neuromodulation Systems, Inc. d/b/a St. Jude medical Neuromodulation Division's ("St. Jude") and Defendant Medtronic, Inc.'s motions to dismiss and granted
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff Daniel Jackson's Notice of Voluntary Dismissal Without Prejudice As to Defendants St. Jude Medical Neuromodulation Division, and Medtronic, Inc. ( Doc. #40 ) filed on April 21, 2015. On March 30, 2015, the Court granted Defendant Advanced Neuromodulation Systems, Inc. d/b/a St. Jude medical Neuromodulation Division's ("St. Jude") and Defendant Medtronic, Inc.'s motions to dismiss and granted ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Daniel Jackson's Notice of Voluntary Dismissal Without Prejudice As to Defendants St. Jude Medical Neuromodulation Division, and Medtronic, Inc. (Doc. #40) filed on April 21, 2015.
On March 30, 2015, the Court granted Defendant Advanced Neuromodulation Systems, Inc. d/b/a St. Jude medical Neuromodulation Division's ("St. Jude") and Defendant Medtronic, Inc.'s motions to dismiss and granted Plaintiff leave to file a third amended complaint on or before April 21, 2015. (Doc. #37). Plaintiff now voluntarily dismisses this action as to Defendants St. Jude and Medtronic without prejudice under Rule 41 of the Federal Rules of Civil Procedure. (Doc. #40).
Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that
[s]ubject 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). Defendants St. Jude and Medtronic have not filed answers or motions for summary judgment. The Court, therefore, dismisses this case as to Defendants St. Jude and Medtronic without prejudice. Only Defendant Allstate Property and Casualty Insurance Company remains in this action.
Accordingly, it is now ORDERED:
(1) Plaintiff Daniel Jackson's Notice of Voluntary Dismissal Without Prejudice As to Defendants St. Jude Medical Neuromodulation Division, and Medtronic, Inc. (Doc. #40) is GRANTED.
(2) Plaintiff is DIRECTED to file a third amended complaint by May 11, 2015, naming and asserting claims against Defendant Allstate Property and Casualty Insurance Company only. Defendant Allstate Property and Casualty Insurance Company shall have fourteen (14) days from the date it receives the third amended complaint to respond accordingly.
DONE and ORDERED.
