Dyer v. Stewart Title Guaranty Company et al

Filing 102

ORDER re 100 Notice of voluntary dismissal filed by Michelle A. Dyer. Plaintiff Michelle A. Dyer's Notice of Voluntary Dismissal With Prejudice is GRANTED. The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 10/9/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHELLE A. DYER, an individual
Plaintiff,
v.

Case No: 2:11-cv-577-FtM-38DNF

STEWART
TITLE
GUARANTY
COMPANY, GLOBAL COMMUNITY
DEVELOPMENT, LLC, THE SQUAD
d/b/a THE TITLE CONNECTION,
LESLIE YOUNGER CUMMINGS,
HARBOR FUNDING GROUP, INC.,
and MICHAEL D. GARBER, ESQ.,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff Michelle A. Dyer's Notice of
Voluntary Dismissal With Prejudice (Doc. #100) filed on October 7, 2014.

Rule

41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case
voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that
[s]ubject to Rules 23(e), 23.1, 23.2 and 66 and any applicable
federal statute, the plaintiff may dismiss an action without a
court order by filing: (i) A notice of dismissal before the
opposing party serves either an answer or a motion for
summary judgment; or (ii) A stipulation of dismissal signed by
all parties who have appeared.
Fed. R. Civ. P. 41(a)(1)(A).
1

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1

In this instance, Defendant Harbor Funding Group, Inc. has not filed an answer or
a motion for summary judgment; and Plaintiff voluntarily dismisses this case with
prejudice under Rule 41(a)(1)(A)(i). (Doc. #100). The Court, therefore, dismisses this
case with prejudice.
Accordingly, it is now
ORDERED:
(1) Plaintiff Michelle A. Dyer's Notice of Voluntary Dismissal With Prejudice (Doc.
#100) is GRANTED.
(2) The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate
any pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 9th day of October, 2014.

Copies: All Parties of Record

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