Filed: May 03, 2017
Latest Update: May 03, 2017
Summary: OPINION AND ORDER MELINDA HARMON , District Judge . Pending before the Court in the above reference suit, grounded in the Americans with Disabilities Act, 42 U.S.C. 12101, et al., are Plaintiff James Van Winkle's motion for entry of Clerk's default (instrument #19) against Defendant TRU 2005 RE I, L.L.C. and Plaintiff's notice of voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i) (instrument #16) of Defendant Pinecroft Center, L.P. After numerous extensions of time to ans
Summary: OPINION AND ORDER MELINDA HARMON , District Judge . Pending before the Court in the above reference suit, grounded in the Americans with Disabilities Act, 42 U.S.C. 12101, et al., are Plaintiff James Van Winkle's motion for entry of Clerk's default (instrument #19) against Defendant TRU 2005 RE I, L.L.C. and Plaintiff's notice of voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i) (instrument #16) of Defendant Pinecroft Center, L.P. After numerous extensions of time to answ..
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OPINION AND ORDER
MELINDA HARMON, District Judge.
Pending before the Court in the above reference suit, grounded in the Americans with Disabilities Act, 42 U.S.C. § 12101, et al., are Plaintiff James Van Winkle's motion for entry of Clerk's default (instrument #19) against Defendant TRU 2005 RE I, L.L.C. and Plaintiff's notice of voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i) (instrument #16) of Defendant Pinecroft Center, L.P.
After numerous extensions of time to answer the complaint, granted to TRU 2005 RE I, L.L.C., it filed its answer (#41) to the complaint on January 9, 2017. Thus the Court
ORDERS the motion for entry of default (#19) is DENIED.
Pursuant to the notice of voluntary dismissal of Pinecroft Center, L.P., d/b/a Pinecroft Partners, L.P., the Court
ORDERS that it is DISMISSED without prejudice, with each party to bear its own fees and costs.
