BAEHRLE v. NAVIENT SOLUTIONS, INC., 2:16-cv-282-FtM-38CM. (2016)
Court: District Court, M.D. Florida
Number: infdco20160719796
Visitors: 5
Filed: Jul. 18, 2016
Latest Update: Jul. 18, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff Donna Baehrle's Notice of Voluntary Dismissal of Count III and IV of Complaint as to Defendant Student Assistance Corporation (Doc. #26) filed on July 15, 2016. Federal Rule of Civil Procedure 41 allows a plaintiff to voluntarily dismiss an action without court order in two instances. First, a notice of dismissal may be filed before the opposing party serves either an answer or a motion for s
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff Donna Baehrle's Notice of Voluntary Dismissal of Count III and IV of Complaint as to Defendant Student Assistance Corporation (Doc. #26) filed on July 15, 2016. Federal Rule of Civil Procedure 41 allows a plaintiff to voluntarily dismiss an action without court order in two instances. First, a notice of dismissal may be filed before the opposing party serves either an answer or a motion for su..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Donna Baehrle's Notice of Voluntary Dismissal of Count III and IV of Complaint as to Defendant Student Assistance Corporation (Doc. #26) filed on July 15, 2016. Federal Rule of Civil Procedure 41 allows a plaintiff to voluntarily dismiss an action without court order in two instances. First, a notice of dismissal may be filed before the opposing party serves either an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). Second, the plaintiff may file a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(ii).
Turning to this action, Plaintiff moves to unilaterally dismiss part of her action against Defendant Student Assistance Corporation. (Doc. #26). But a review of the docket shows that Defendant Student Assistance Corporation has already answered these claims. (Doc. #19). Therefore, if Plaintiff wishes to proceed with her voluntary dismissal, she must file a stipulation of dismissal signed by Defendant Student Assistance Corporation, as required by Rule 41(a)(1)(A)(ii).
Accordingly, it is now
ORDERED:
Plaintiff Donna Baehrle's Notice of Voluntary Dismissal of Count III and IV of Complaint as to Defendant Student Assistance Corporation (Doc. #26) is DENIED.
DONE and ORDERED.
FootNotes
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Source: Leagle
