Auto Owners Insurance Company v. Henke, 2:18-cv-372-FtM-38MRM. (2019)
Court: District Court, M.D. Florida
Number: infdco20190108862
Visitors: 5
Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Motion for Voluntary Dismissal (Doc. 43) filed on December 17, 2018. No response has been filed by Defendant Stephen Henke who is proceeding pro se and the time to do so has expired. This is a declaratory judgment action in which the underlying case has settled and been dismissed. Therefore, this case is now moot, and Plaintiff moves to voluntarily dismiss the remaining Defendant Stephen
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Motion for Voluntary Dismissal (Doc. 43) filed on December 17, 2018. No response has been filed by Defendant Stephen Henke who is proceeding pro se and the time to do so has expired. This is a declaratory judgment action in which the underlying case has settled and been dismissed. Therefore, this case is now moot, and Plaintiff moves to voluntarily dismiss the remaining Defendant Stephen ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff's Motion for Voluntary Dismissal (Doc. 43) filed on December 17, 2018. No response has been filed by Defendant Stephen Henke who is proceeding pro se and the time to do so has expired.
This is a declaratory judgment action in which the underlying case has settled and been dismissed. Therefore, this case is now moot, and Plaintiff moves to voluntarily dismiss the remaining Defendant Stephen Henke. Mr. Henke previously filed an Answer to the Complaint (Doc. 29) but has failed to meet and confer with Plaintiff in order to finalize a stipulation of dismissal which requires his signature. Therefore, Plaintiff moves for dismissal of this action pursuant to Federal Rule of Civil Procedure 41(a)(2) which allows for the voluntary dismissal of a claim by order of the court "upon such terms and conditions as the court deems proper."
Because the issues before the Court are now moot and seeing no objection by Mr. Henke and no resulting prejudice to him, the Court will grant the dismissal.
Accordingly, it is now
ORDERED:
Plaintiff's Motion for Voluntary Dismissal (Doc. 43) is GRANTED. The Clerk is directed to enter judgment dismissing this case without prejudice as to Defendant Stephen Henke. Thereafter the Clerk shall terminate any pending deadlines and close the file.
DONE and ORDERED.
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Source: Leagle
