Ali v. The Home Depot U.S.A., Inc., 3:17-CV-383. (2018)
Court: District Court, S.D. Texas
Number: infdco20180228i32
Visitors: 9
Filed: Feb. 27, 2018
Latest Update: Feb. 27, 2018
Summary: ORDER GEORGE C. HANKS, JR. , District Judge . Plaintiff Shazid Ali has filed a notice of voluntary dismissal without prejudice as to Defendant The Home Depot Inc. (Dkt. 6). Because The Home Depot Inc. has served neither an answer nor a motion for summary judgment, Ali may unilaterally dismiss the claims against The Home Depot Inc. by filing a notice of voluntary dismissal. FED. R. CIV. P. 41(a)(1)(A)(i); see also Montoya v. FedEx Ground Package System, Inc., 614 F.3d 145 , 148 (5th Cir.
Summary: ORDER GEORGE C. HANKS, JR. , District Judge . Plaintiff Shazid Ali has filed a notice of voluntary dismissal without prejudice as to Defendant The Home Depot Inc. (Dkt. 6). Because The Home Depot Inc. has served neither an answer nor a motion for summary judgment, Ali may unilaterally dismiss the claims against The Home Depot Inc. by filing a notice of voluntary dismissal. FED. R. CIV. P. 41(a)(1)(A)(i); see also Montoya v. FedEx Ground Package System, Inc., 614 F.3d 145 , 148 (5th Cir. ..
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ORDER
GEORGE C. HANKS, JR., District Judge.
Plaintiff Shazid Ali has filed a notice of voluntary dismissal without prejudice as to Defendant The Home Depot Inc. (Dkt. 6). Because The Home Depot Inc. has served neither an answer nor a motion for summary judgment, Ali may unilaterally dismiss the claims against The Home Depot Inc. by filing a notice of voluntary dismissal. FED. R. CIV. P. 41(a)(1)(A)(i); see also Montoya v. FedEx Ground Package System, Inc., 614 F.3d 145, 148 (5th Cir. 2010) (pointing out that a plaintiff is entitled to a dismissal against one defendant under Rule 41(a)(1)(A)(i) even though the action against another defendant would remain pending). All claims against Defendant The Home Depot Inc. are DISMISSED WITHOUT PREJUDICE, and Defendant The Home Depot Inc. is terminated from this lawsuit. The claims against Defendant Home Depot U.S.A., Inc. remain pending.
It is so ORDERED.
Source: Leagle
