DeBacco v. Park Bank et al

Filing 56

ORDER re 55 Notice of voluntary dismissal filed by Robert C. DeBacco. Pursuant to Fed. R. Civ. P. 41(a)(2), this action is DISMISSED with prejudice. The Clerk shall enter judgment accordingly, terminate all previously scheduled deadlines and pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 7/2/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

ROBERT C. DEBACCO,
Plaintiff,
v.

Case No: 2:12-cv-256-FtM-38UAM

JEFFREY T. DEBACCO,
Defendant.
/
ORDER1
This matter comes before the Court on the Plaintiff Robert C. Debacco's Notice
of Voluntary Dismissal (Doc. #55) filed on July 2, 2013. The Plaintiff gives notice to the
Court that he voluntarily dismisses the Complaint with prejudice.
Except as provided in Rule 41(a)(1) (dismissal by stipulation or before an answer
or motion for summary judgment has been filed), dismissal of an action must be by
court order. Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 378-381, 114
S. Ct. 1673, 1675-1677, 128 L. Ed. 2d 291 (1994); Anago Franchising, Inc. v. Shaz,
LLC., 677 F.3d 1272, 1280 (11th Cir. 2012). Fed. R. Civ. P. 41(a)(2) provides that “an
action may be dismissed at the plaintiff's request only by court order, on terms that the
court considers proper.” “The district court enjoys broad discretion in determining

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whether to allow a voluntary dismissal under Rule 41(a)(2).” Pontenberg v. Boston Sci.
Corp., 252 F.3d 1253, 1255 (11th Cir. 2001). A “voluntary dismissal should be granted
unless the defendant will suffer clear legal prejudice, other than the mere prospect of a
subsequent lawsuit, as a result.” Id. (internal quotation marks omitted).
In this instance, the Plaintiff notified the Court (Doc. # 54) that a settlement
agreement has been reached between the Parties and now files Notice (Doc. # 55) that
the cause of action is voluntarily dismissed with prejudice.
Accordingly, it is now
ORDERED:
Pursuant to Fed. R. Civ. P. 41(a)(2), this action is DISMISSED with prejudice.
The Clerk shall enter judgment accordingly, terminate all previously scheduled
deadlines and pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 2nd day of July, 2013.

Copies: All Parties of Record

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