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SCOTT v. COASTAL QSR, LLC, 2:13-cv-366-FtM-38DNF. (2013)

Court: District Court, M.D. Florida Number: infdco20130614b70 Visitors: 10
Filed: Jun. 13, 2013
Latest Update: Jun. 13, 2013
Summary: ORDER SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court on the Plaintiff, Raleigh Scott's Notice of Voluntary Dismissal (Doc. #10) filed on June 12, 2013. The Plaintiff gives notice to the Court that he voluntarily dismisses the Complaint with prejudice. 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 t
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ORDER

SHERIPOLSTER CHAPPELL, District Judge.

This matter comes before the Court on the Plaintiff, Raleigh Scott's Notice of Voluntary Dismissal (Doc. #10) filed on June 12, 2013. The Plaintiff gives notice to the Court that he voluntarily dismisses the Complaint with prejudice. 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 Plaintiff, Raleigh Scott's Complaint (Doc. # 1) is DISMISSED with 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

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