Garcia v. Whitaker, CIV-19-166-D. (2019)
Court: District Court, W.D. Oklahoma
Number: infdco20190613e20
Visitors: 28
Filed: Jun. 12, 2019
Latest Update: Jun. 12, 2019
Summary: ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Plaintiffs' Motion to Voluntarily Dismiss pursuant to FED. R. CIV. P. 41(a)(1)(A)(i) [Doc. No. 18]. Although Plaintiffs have filed a motion to dismiss rather than a notice of dismissal, Plaintiffs have an absolute right to dismiss their case without prejudice since Defendants have not served an answer or filed a motion for summary judgment. FED. R. CIV. P. 41(a)(1)(A)(i) provides for voluntary dismissal of an action by a pla
Summary: ORDER TIMOTHY D. DeGIUSTI , District Judge . Before the Court is Plaintiffs' Motion to Voluntarily Dismiss pursuant to FED. R. CIV. P. 41(a)(1)(A)(i) [Doc. No. 18]. Although Plaintiffs have filed a motion to dismiss rather than a notice of dismissal, Plaintiffs have an absolute right to dismiss their case without prejudice since Defendants have not served an answer or filed a motion for summary judgment. FED. R. CIV. P. 41(a)(1)(A)(i) provides for voluntary dismissal of an action by a plai..
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ORDER
TIMOTHY D. DeGIUSTI, District Judge.
Before the Court is Plaintiffs' Motion to Voluntarily Dismiss pursuant to FED. R. CIV. P. 41(a)(1)(A)(i) [Doc. No. 18]. Although Plaintiffs have filed a motion to dismiss rather than a notice of dismissal, Plaintiffs have an absolute right to dismiss their case without prejudice since Defendants have not served an answer or filed a motion for summary judgment.
FED. R. CIV. P. 41(a)(1)(A)(i) provides for voluntary dismissal of an action by a plaintiff without a court order, subject to certain enumerated exceptions: "[T]he plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." None of the enumerated exceptions apply here. Further, under Rule 41(a)(1)(A), a voluntary notice of dismissal is "`self-executing, i.e., it is effective at the moment the notice is filed with the clerk and no judicial approval is required.'" Janssen v. Harris, 321 F.3d 998, 1000 (10th Cir. 2003) (quoting Marex Titanic, Inc. v. Wrecked and Abandoned Vessel, 2 F.3d 544, 546 (4th Cir. 1993)).
Accordingly, Plaintiffs' motion to dismiss [Doc. No. 18] is GRANTED. This action is dismissed without prejudice. FED. R. CIV. P. 41(a)(1)(B). The Clerk is directed to close this case forthwith.
IT IS SO ORDERED.
Source: Leagle
