Ying v. China Chef, Inc. et al
ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS re 2 MOTION for More Definite Statement filed by Liming Huang, Shizhong On, China Chef, Inc., 21 Second MOTION for More Definite Statement filed by Liming Huang, Shizhong On, China Chef, Inc., recomm ending this action be dismissed and that the motions for more definite statements be denied as moot. The pending motions for more definite statement and the pending motions to dismiss are DENIED as MOOT as recommended. Signed by Judge Kristi K. DuBose on 12/24/08. (copy mailed to plaintiff) (cmj)
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SHUIFA YING, Plaintiff, v. CHINA CHEF, INC., SHI ZHONG OU, and LIMING HUANG, Defendants. ) ) ) ) ) CIVIL ACTION NO. 08-0514-KD-B ) ) ) ) ) ORDER This action is before the court on the report and recommendation entered by United States Magistrate Judge Sonja F. Bivins on December 8, 2008 wherein Judge Bivins recommends that this case be dismissed at plaintiff's request (docs. 23, 30). The objection period has lapsed and no party has filed an objection. However, defendants filed their own motion to dismiss wherein they move the court to grant plaintiff's request because no objections have been filed during the objection period (doc. 32). Magistrate Judge Bivins recommends dismissal of this action pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. The Rule provides for voluntary dismissal by the plaintiff without order of the court by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" Fed. R. Civ. P. Rule 41(a)(1)(i). Defendants have not answered nor have they filed a motion for summary judgment. Rule 41(a)(1)(B) provides that "unless the notice or stipulation states otherwise, the dismissal is without prejudice." Accordingly, the court ADOPTS the report and recommendation as the opinion of the court, and plaintiff's claims are DISMISSED without prejudice. The pending motions for more definite statement (docs 2, 21) and the pending motions to dismiss (docs. 19, 22, 31, 32) are DENIED as MOOT as recommended. DONE this the 24th day of December, 2008. s/ Kristi K. DuBose KRISTI K. DUBOSE UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?