Andry v. Atzbach et al

Filing 13

ORDER: Before the court is Plaintiff's Notice of Dismissal. (Doc. # 11 .) Because the notice comports with Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff's action against Defendant Teresa Spear Atzbach has been d ismissed by operation of Rule 41(a)(1). The Clerk of the Court is DIRECTED to reflect in the court's electronic record that Defendant Teresa Spear Atzbach has been terminated as a defendant in this action. It is further ORDERED that Defendant Teresa Spear Atzback's Motion to Dismiss Based on Fraudulent Joinder (Doc. # 6 ) is DENIED as moot. Signed by Honorable Judge William Keith Watkins on 9/10/2019.(kh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION AL JEROME ANDRY, Plaintiff, v. TERESA SPEAR ATZBACH, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 3:19-CV-149-WKW [WO] ORDER Before the court is Plaintiff’s Notice of Dismissal. (Doc. # 11.) Because the notice comports with Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff’s action against Defendant Teresa Spear Atzbach has been dismissed by operation of Rule 41(a)(1). The Clerk of the Court is DIRECTED to reflect in the court’s electronic record that Defendant Teresa Spear Atzbach has been terminated as a defendant in this action. It is further ORDERED that Defendant Teresa Spear Atzback’s Motion to Dismiss Based on Fraudulent Joinder (Doc. # 6) is DENIED as moot. DONE this 10th day of September, 2019. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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