DISH NETWORK L.L.C. v. WOODWARD, Case No: 2:14-cv-522-FtM-38CM. (2014)
Court: District Court, M.D. Florida
Number: infdco20141226699
Visitors: 3
Filed: Dec. 24, 2014
Latest Update: Dec. 24, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Notice of Dismissal ( Doc. #14 ) filed on December 23, 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 ei
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Notice of Dismissal ( Doc. #14 ) filed on December 23, 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 eit..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Notice of Dismissal (Doc. #14) filed on December 23, 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, Plaintiffs Dish Network LLC, Echostar Technologies LLC, and Nagrastar LLC indicate Plaintiffs have been unable to locate and presumably serve Defendant Holly Woodward. As a result, Plaintiffs wish to dismiss this case without prejudice. Since Defendant has not appeared in this case and this notice is signed by all Plaintiffs, the Court finds this matter is due to be dismissed without prejudice pursuant to Rule 41(a)(1)(A)(i).
Accordingly, it is now
ORDERED:
Pursuant to the Plaintiffs' Notice of Dismissal and Rule 41(a)(1)(A)(i), the Complaint (Doc. #1) is DISMISSED without prejudice. The Clerk is directed to close the file, terminate any and all pending motions, and enter judgment accordingly.
DONE and ORDERED.
FootNotes
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Source: Leagle
