PNC Bank, N.A. v. DBAK Holdings, LLC et al

Filing 58

ORDER re 56 Notice (Other) filed by PNC Bank, N.A. Plaintiff shall have up to and including January 3, 2014, to submit a stipulation of dismissal of Count III against Parker Commons. Signed by Judge Sheri Polster Chappell on 12/31/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PNC BANK, N.A., as successor in
interest to RBC Bank (USA), as
successor in interest to Community
Bank of Naples, N.A.,
Plaintiff,
v.

Case No: 2:13-cv-247-FtM-38UAM

DBAK HOLDINGS, LLC, PARKER
COMMONS OFFICE PARK
CONDOMINIUM ASSOCIATION
INC., UNKNOWN OCCUPANTS,
n/k/a U.S. Health Advisors, and
UNKNOWN OCCUPANTS,
Defendants.
/
ORDER1
This matter comes before the Court on PNC Bank’s Notice of Voluntary Dismissal
Without Prejudice of Count III of the Amended Verified Complaint as to Parker Commons
Office Park Condominium Association Inc. (Doc. #56) filed on December 30, 2013. Fed.
R. Civ. P. 41(a)(1)(A) provides that an action may be dismissed by a plaintiff without order
of the court 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. Here, Defendant Parker Commons has appeared in this

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action and filed an Answer. (Doc. #31). Therefore, Plaintiff must submit a stipulation
signed by all parties pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii).
Accordingly, it is now
ORDERED:
Plaintiff shall have up to and including January 3, 2014, to submit a stipulation of
dismissal of Count III against Parker Commons.
DONE and ORDERED in Fort Myers, Florida this 31st day of December, 2013.

Copies: All Parties of Record

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