DEMITRY v. FAUQUIER COUNTY GOVERNMENT et al
Filing
14
MEMORANDUM OPINION regarding the dismissal of the suit and the denial of the defendants' 3 , 4 , 5 , 7 motions to dismiss as moot. Signed by Judge Dabney L. Friedrich on August 1, 2018. (lcdlf2)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CHRISTOPHER DEMITRY,
Plaintiff,
v.
Civil Action No. 18-1177 (DLF)
FAUQUIER COUNTY GOVERNMENT, et
al.,
Defendants.
MEMORANDUM OPINION
In his complaint, the plaintiff Christopher Demitry asserts several grievances against four
defendants: Fauquier County Government, Service First Management and Consulting, Inc.,
Snow Hill Homeowner’s Association, Inc., and Virginia Department of Transportation. Before
the Court are defendants’ motions to dismiss the complaint. See Dkt. 3; Dkt. 4; Dkt. 5; Dkt. 7.
All four defendants argue, among other things, that this Court lacks subject matter jurisdiction to
address Demitry’s claims. In response to the defendants’ motions, Demitry asks the Court to
dismiss the case without barring the resubmission of his claims to the appropriate venue. See
Dkt. 9; Dkt. 10; Dkt. 11; Dkt. 12. Under Rule 41(a)(1) of the Federal Rules of Civil Procedure, a
plaintiff may voluntarily dismiss an action “before the opposing party serves either an answer or
a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i); see also Mitchell v. United
States Bank Nat’l Ass’n, 293 F. Supp. 3d 209, 213 (D.D.C. 2018) (citations omitted)
(“[V]oluntary dismissal is available where the defendant files a Rule 12(b) motion that does not
rely on materials outside the pleadings.”). That voluntary dismissal is without prejudice unless
the plaintiff’s notice of dismissal specifies otherwise. Fed. R. Civ. P. 41(a)(1)(B).
Accordingly, pursuant to Rule 41(a)(1), this case is dismissed without prejudice. The
defendants’ pending motions to dismiss are denied as moot. The Clerk of Court shall close this
case. A separate order consistent with this decision accompanies this memorandum opinion.
________________________
DABNEY L. FRIEDRICH
Uited States District Judge
Date: August 1, 2018
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