Vision Bank v. Lanza et al

Filing 41

ORDER granting 40 Motion to Dismiss Count Two (Counting and Inspection) of Plaintiff's Complaint. Count Two is dismissed without prejudice. Signed by Judge Kristi K. DuBose on 11/18/2011. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION VISION BANK, Plaintiff/Counterclaim-Defendant, v. LOUIS J. LANZA, III and C.J. MINOR, a/k/a Calvin J. Minor, Defendants/Counterclaim-Plaintiffs. ) ) ) ) CIVIL ACTION NO. 10-00628-KD-M ) ) ) ) ORDER This matter is before the Court on Plaintiff Vision Bank’s Motion To Dismiss Count Two (Accounting and Inspection) of Its Complaint (Doc. 40). Plaintiff has represented that Defendants Louis J. Lanza, III and C.J. Minor do not oppose the motion. Upon consideration, Plaintiff’s motion is due to be GRANTED pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure. See Campbell v. Altec Indus., Inc., 605 F.3d 839, 841 n.1 (11th Cir. 2010) (holding that Rule 15, which pertains to amendment of pleadings — not Rule 41, which pertains to dismissal of actions — provides proper mechanism for plaintiff to drop claims that have survived summary judgment). Accordingly, it is ORDERED that Vision Bank’s Motion To Dismiss Count Two (Accounting and Inspection) of Its Complaint (Doc. 40) is GRANTED, and Count Two of Vision Bank’s Complaint (Doc. 1) is DISMISSED without prejudice. DONE and ORDERED this the 18th day of November 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1

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