Filed: Jul. 22, 2014
Latest Update: Jul. 22, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Amber Hatcher's, by and through her next friend, Gregory Hatcher, Unopposed Motion to Dismiss With Prejudice ( Doc. #175 ) filed on July 21, 2014. Plaintiff brings this Motion pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. "Generally, a plaintiff may ask the court to dismiss an action at any time." Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 , 1276 (11th Cir. 2012)
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Amber Hatcher's, by and through her next friend, Gregory Hatcher, Unopposed Motion to Dismiss With Prejudice ( Doc. #175 ) filed on July 21, 2014. Plaintiff brings this Motion pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. "Generally, a plaintiff may ask the court to dismiss an action at any time." Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 , 1276 (11th Cir. 2012) ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Amber Hatcher's, by and through her next friend, Gregory Hatcher, Unopposed Motion to Dismiss With Prejudice (Doc. #175) filed on July 21, 2014. Plaintiff brings this Motion pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
"Generally, a plaintiff may ask the court to dismiss an action at any time." Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1276 (11th Cir. 2012) (citing Fed. R. Civ. P. 41(a)(2)). Rule 41(a)(2) permits a plaintiff to voluntarily dismiss an action "only by court order, on terms that the court considers proper." Fed. R. Civ. P. 41(a)(2). "The district court enjoys broad discretion in determining whether to allow a voluntary dismissal under Rule 41(a)(2)." Pontenberg v. Boston Scientific Corp., 252 F.3d 1253, 1255 (11th Cir. 2001) (citation omitted). "[I]n most cases a dismissal should be granted unless the defendant will suffer clear legal prejudice, other than the mere prospect of a subsequent lawsuit, as a result." McCants v. Ford Motor Co., Inc., 781 F.2d 855, 856-57 (11th Cir. 1986).
In this case, the parties previously advised they had reached a tentative settlement and requested the Court to stay proceedings until they finalized a settlement agreement. (Doc. #169 at ¶¶ 1, 4). The Court granted the parties' request and stayed the case until July 28, 2014. (Doc. #171). Plaintiff now advises the Court that all conditions of the settlement agreement have been met, leaving only Plaintiff's dismissal of this case to finalize the agreement. Under these circumstances, the Court finds that dismissing the case with prejudice is warranted.
Accordingly, it is now
ORDERED:
(1) Plaintiff Amber Hatcher's, by and through her next friend, Gregory Hatcher, Unopposed Motion to Dismiss With Prejudice (Doc. #175) is GRANTED. The case is DISMISSED with prejudice.
(2) The Clerk of the Court is directed to lift the stay flag, enter judgment accordingly, terminate any pending motions, and close the case.
FootNotes
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