PRINCE v. J.P. MORGAN CHASE & CO., 2:13-cv-462. (2014)
Court: District Court, S.D. Ohio
Number: infdco20140826b13
Visitors: 17
Filed: Aug. 25, 2014
Latest Update: Aug. 25, 2014
Summary: ORDER GREGORY L. FROST, District Judge. On August 25, 2014, Plaintiff filed a document intended to dismiss this action with prejudice. (ECF No. 23.) To effectuate its intended purpose, this document cannot be a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a) because such a notice would be effective only if filed prior to a defendant's filing of an answer or a motion for summary judgment, Fed. R. Civ. P. 41(a)(1)(A)(i), or if the filing is a stipulation of dismissal s
Summary: ORDER GREGORY L. FROST, District Judge. On August 25, 2014, Plaintiff filed a document intended to dismiss this action with prejudice. (ECF No. 23.) To effectuate its intended purpose, this document cannot be a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a) because such a notice would be effective only if filed prior to a defendant's filing of an answer or a motion for summary judgment, Fed. R. Civ. P. 41(a)(1)(A)(i), or if the filing is a stipulation of dismissal si..
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ORDER
GREGORY L. FROST, District Judge.
On August 25, 2014, Plaintiff filed a document intended to dismiss this action with prejudice. (ECF No. 23.) To effectuate its intended purpose, this document cannot be a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a) because such a notice would be effective only if filed prior to a defendant's filing of an answer or a motion for summary judgment, Fed. R. Civ. P. 41(a)(1)(A)(i), or if the filing is a stipulation of dismissal signed by all of the parties that have appeared in the action, Fed. R. Civ. P. 41(a)(1)(A)(ii). Because neither set of circumstances is present in this case, Plaintiff cannot dismiss the action via Rule 41(a)(1). Accordingly, construing Plaintiff's document as a motion filed under Federal Rule of Civil Procedure 41(a)(2), this Court GRANTS the motion and DISMISSES this action WITH PREJUDICE. (ECF No. 23.) The Clerk shall therefore terminate this case on the docket records of the United States District Court for the Southern District of Ohio, Eastern Division.
IT IS SO ORDERED.
Source: Leagle
