Provident Bank v. Borci, 2:15-cv-18-FtM-38CM. (2015)
Court: District Court, M.D. Florida
Number: infdco20150330978
Visitors: 14
Filed: Mar. 27, 2015
Latest Update: Mar. 27, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter is before the Court on Plaintiff Provident Bank's Notice of Voluntary Dismissal Without Prejudice ( Doc. #14 ) filed on March 26, 2015. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that [s]ubject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an acti
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter is before the Court on Plaintiff Provident Bank's Notice of Voluntary Dismissal Without Prejudice ( Doc. #14 ) filed on March 26, 2015. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that [s]ubject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an actio..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter is before the Court on Plaintiff Provident Bank's Notice of Voluntary Dismissal Without Prejudice (Doc. #14) filed on March 26, 2015. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that
[s]ubject 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 voluntarily dismisses the Complaint (Doc. #1) under Rule 41(a)(1)(A)(i). (Doc. #14). Defendants Joseph A. Borci and Rebecca A. Borci have not filed an answer or a motion for summary judgment. The Court, therefore, dismisses the case without prejudice.
Accordingly, it is now
ORDERED:
(1) Plaintiff Provident Bank's Notice of Voluntary Dismissal Without Prejudice (Doc. #14) is GRANTED.
(2) The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close the file.
DONE and ORDERED.
FootNotes
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Source: Leagle