COHAN v. MARCO CAT, LLP, 2:14-cv-343-FtM-38DNF. (2014)
Court: District Court, M.D. Florida
Number: infdco20141205864
Visitors: 14
Filed: Dec. 03, 2014
Latest Update: Dec. 03, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Notice of Voluntary Dismissal ( Doc. #22 ) filed on December 2, 2014. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part: Subject 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
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Notice of Voluntary Dismissal ( Doc. #22 ) filed on December 2, 2014. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part: Subject 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 s..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Notice of Voluntary Dismissal (Doc. #22) filed on December 2, 2014. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part:
Subject 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).
In this instance Plaintiff Howard Cohen indicates this matter is dismissed with prejudice. Defendants Marco Cat, LLP and Olde Marco Island Finance Company, LLC have not filed an answer or motion for summary judgment. Therefore, this matter is due to be dismissed pursuant to Rule 41(a)(1)(A)(i).
Accordingly, it is now
ORDERED:
1. Pursuant to Plaintiff Howard Cohen's Notice of Voluntary Dismissal (Doc. #22) and Rule 41(a)(1)(A)(i), the Complaint (Doc. #1) is DISMISSED with prejudice.
2. The Clerk is directed to terminate any pending motions, enter judgment, and close the case.
DONE and ORDERED.
FootNotes
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Source: Leagle
