Filed: May 24, 2012
Latest Update: May 24, 2012
Summary: ORDER LAWRENCE K. KARLTON, District Judge. Plaintiff Patricia Toni Koepsell requests an order voluntarily dismissing this action, with prejudice, and with each side to bear its own costs, pursuant to Fed. R. Civ. P. 41(a)(2). The sole remaining defendant, USAA Federal Savings Bank, has not filed an answer or a motion for summary judgment in this case. Plaintiff therefore may dismiss this action as of right, even without a court order, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). 1 Accordingly
Summary: ORDER LAWRENCE K. KARLTON, District Judge. Plaintiff Patricia Toni Koepsell requests an order voluntarily dismissing this action, with prejudice, and with each side to bear its own costs, pursuant to Fed. R. Civ. P. 41(a)(2). The sole remaining defendant, USAA Federal Savings Bank, has not filed an answer or a motion for summary judgment in this case. Plaintiff therefore may dismiss this action as of right, even without a court order, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). 1 Accordingly,..
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ORDER
LAWRENCE K. KARLTON, District Judge.
Plaintiff Patricia Toni Koepsell requests an order voluntarily dismissing this action, with prejudice, and with each side to bear its own costs, pursuant to Fed. R. Civ. P. 41(a)(2). The sole remaining defendant, USAA Federal Savings Bank, has not filed an answer or a motion for summary judgment in this case. Plaintiff therefore may dismiss this action as of right, even without a court order, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).1
Accordingly,
1. Plaintiff's motion (Dkt. No. 30), is GRANTED, and this action is dismissed in its entirety, with prejudice, with each side to bear its own costs;
2. The July 9, 2012 hearing on this motion is VACATED; and
3. All other pending motions in this case (Dkt. Nos. 19, 28 and 29), including those pending before the Magistrate Judge, are DENIED as moot.
IT IS SO ORDERED.
FootNotes
1. Plaintiff's request may therefore be granted without the need for a hearing or adversary briefing.
