SMITH v. RJM ACQUISITIONS FUNDING, LLC, 2:13-cv-502-FtM-38CM. (2014)
Court: District Court, M.D. Florida
Number: infdco20140829u52
Visitors: 19
Filed: Aug. 28, 2014
Latest Update: Aug. 28, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Notice of Voluntary Dismissal with Prejudice ( Doc. #43 ) filed on August 27, 2014. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. 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 op
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Notice of Voluntary Dismissal with Prejudice ( Doc. #43 ) filed on August 27, 2014. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. 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 opp..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Notice of Voluntary Dismissal with Prejudice (Doc. #43) filed on August 27, 2014. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. 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, Plaintiff unilaterally filed a notice of voluntary dismissal because this case has settled. Plaintiff asserts this matter is dismissed with prejudice and that the parties will bear their own attorney fees and costs. Plaintiff has signed the notice, but Defendant has not. Although Defendant filed a motion for summary judgment, this summary judgment motion was stricken from the record. (Doc. #27; Doc. #33). Since the motion for summary judgment was stricken from the record, the Court finds this matter is due to be dismissed with prejudice pursuant to Rule 41(a)(1)(A)(i).
Accordingly, it is now
ORDERED:
The Complaint (Doc. #2) is DISMISSED with prejudice. The Clerk is directed to terminate any pending motions, close the file, and enter judgment accordingly.
DONE and ORDERED
FootNotes
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Source: Leagle
