STEVENS v. USAA FEDERAL SAVING BANK, 2:13-cv-295-FtM-38DNF. (2013)
Court: District Court, M.D. Florida
Number: infdco20130614b69
Visitors: 5
Filed: Jun. 13, 2013
Latest Update: Jun. 13, 2013
Summary: ORDER SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court upon the Plaintiffs, David R. and Janice A. Stevens' Notice of Voluntary Dismissal (Doc. #13) filed on May 31, 2013. The Plaintiffs give notice to the Court that they voluntarily dismiss the Complaint. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to voluntarily dismiss a case without a court order as long an answer or summary judgment has not been filed. The Rule reads in pertinent part: Subjec
Summary: ORDER SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court upon the Plaintiffs, David R. and Janice A. Stevens' Notice of Voluntary Dismissal (Doc. #13) filed on May 31, 2013. The Plaintiffs give notice to the Court that they voluntarily dismiss the Complaint. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to voluntarily dismiss a case without a court order as long an answer or summary judgment has not been filed. The Rule reads in pertinent part: Subject..
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ORDER
SHERIPOLSTER CHAPPELL, District Judge.
This matter comes before the Court upon the Plaintiffs, David R. and Janice A. Stevens' Notice of Voluntary Dismissal (Doc. #13) filed on May 31, 2013. The Plaintiffs give notice to the Court that they voluntarily dismiss the Complaint. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to voluntarily dismiss a case without a court order as long an answer or summary judgment has not been filed. 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, no answer or summary judgment has been filed, therefore; the case is due to be dismissed.
Accordingly, it is now ORDERED:
The Plaintiffs Complaint (Doc. # 1) is DISMISSED without prejudice and the Clerk of the Court is directed to CLOSE the case and terminate all deadlines and any outstanding motions.
DONE and ORDERED
Source: Leagle
