PRUDENTIAL INSURANCE COMPANY v. MANUELE, 2:15-CV-688 JCM (NJK). (2015)
Court: District Court, D. Nevada
Number: infdco20150929c79
Visitors: 14
Filed: Sep. 25, 2015
Latest Update: Sep. 25, 2015
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is plaintiff's notice of voluntary dismissal with prejudice of defendant Michael R. Manuele pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). (Doc. # 53). Plaintiff seeks dismissal of defendant Michael R. Manuele on the basis that he has not served an answer or a motion for summary judgment and because he has been replaced as trustee of the trust by Paul Bishop, another party herein. ( Id. at 3). Fed. R. Civ. P. 41(a)(1)(A)(i) a
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is plaintiff's notice of voluntary dismissal with prejudice of defendant Michael R. Manuele pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). (Doc. # 53). Plaintiff seeks dismissal of defendant Michael R. Manuele on the basis that he has not served an answer or a motion for summary judgment and because he has been replaced as trustee of the trust by Paul Bishop, another party herein. ( Id. at 3). Fed. R. Civ. P. 41(a)(1)(A)(i) al..
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ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is plaintiff's notice of voluntary dismissal with prejudice of defendant Michael R. Manuele pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). (Doc. # 53). Plaintiff seeks dismissal of defendant Michael R. Manuele on the basis that he has not served an answer or a motion for summary judgment and because he has been replaced as trustee of the trust by Paul Bishop, another party herein. (Id. at 3).
Fed. R. Civ. P. 41(a)(1)(A)(i) allows a plaintiff to voluntarily dismiss a claim without court order "by filing a notice of dismissal before the opposing party serves either ran answer or a motion for summary judgment."
Defendant Michael R. Manuele has not filed an answer nor has he filed a motion for summary judgment. Therefore, dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i) is proper.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this matter be, and the same hereby is, dismissed with prejudice as it pertains to defendant Michael R. Manuele.
IT IS FURTHER ORDERED that each party bear its own attorneys' fees and costs.
Source: Leagle
