Federal Insurance Company v. Conditioned Air Company of Naples, LLC, 2:18-cv-409-FtM-38CM. (2018)
Court: District Court, M.D. Florida
Number: infdco20180807d93
Visitors: 8
Filed: Aug. 06, 2018
Latest Update: Aug. 06, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal with Prejudice (Doc. 16). Plaintiff seeks to dismiss this case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). Under Rule 41, a party may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or motion for summary judgment or by filing a stipulation of dismissal signed by all parties w
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal with Prejudice (Doc. 16). Plaintiff seeks to dismiss this case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). Under Rule 41, a party may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or motion for summary judgment or by filing a stipulation of dismissal signed by all parties wh..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal with Prejudice (Doc. 16). Plaintiff seeks to dismiss this case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). Under Rule 41, a party may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or motion for summary judgment or by filing a stipulation of dismissal signed by all parties who have appeared. See Fed. R. Civ. P. 41(a)(1)(A). Because Defendant answered the Complaint, Plaintiff can only dismiss the action under Rule 41 by filing a stipulation signed by all parties who have appeared. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Plaintiff's Notice does not comply with this requirement and is thus ineffective. Should Plaintiff wish to dismiss this case, it must file a stipulation of dismissal signed by all parties who have appeared.
Accordingly, it is now
ORDERED:
Plaintiff's Notice of Voluntary Dismissal with Prejudice (Doc. 16) is DENIED.
DONE and ORDERED.
FootNotes
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Source: Leagle
