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

Filing 61

ORDER dismissing case re 59 Notice (Other). Count III of Plaintiff's Verified Amended Complaint is DISMISSED without prejudice pursuant to the Stipulated Voluntary Dismissal Without Prejudice of Count III of the Amended Verified Complaint as to Parker Commons Office Park Condominium Association Inc. 59 , with each party to bear its own attorneys' fees and costs. Judgment is further entered in favor of Plaintiff against Defendant Parker Commons as to Count II of the Amended Verifie d Complaint pursuant to this Court's Order at Doc. 57 This matter against Defendant Unknown Occupants is hereby DISMISSED without prejudice, with each party to bear its own attorneys' fees and costs pursuant to this Court's Order at Doc. 54 The Clerk of the Court is directed to amend the judgment that was previously entered at Doc. 51 accordingly, terminate any pending motions and deadlines, and CLOSE the file. Signed by Judge Sheri Polster Chappell on 1/3/2014. (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 Stipulated Voluntary Dismissal Without
Prejudice of Count III of the Amended Verified Complaint as to Parker Commons Office
Park Condominium Association Inc. (Doc. #59) filed on January 2, 2014. Plaintiff and
Defendant Parker Commons, through their respective counsel, stipulate to the dismissal
of Count III without prejudice.
Fed. R. Civ. P. 41(a)(1)(A) provides that an action may be dismissed by the plaintiff
without order of the court by filing: (i) a notice of dismissal before the opposing party

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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 action and filed an Answer. (Doc. #31). Therefore, a stipulation
signed by all parties pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) has been filed and Count
III will be dismissed.
As a Judgment has previously been entered in this case against Defendants DBAK
Holdings, LLC and Unknown Occupants, n/k/a U.S. Health Advisors (Doc. #50, Doc. #51),
the Court will direct that the judgment be amended to include Defendant Unknown
Occupants and Parker Commons. See Doc. #54, Doc. #57. The matter may now be
closed.
Accordingly, it is now
ORDERED:
(1) Count III of Plaintiff’s Verified Amended Complaint is DISMISSED without
prejudice pursuant to the Stipulated Voluntary Dismissal Without Prejudice of
Count III of the Amended Verified Complaint as to Parker Commons Office Park
Condominium Association Inc. (Doc. #59), with each party to bear its own
attorneys’ fees and costs.
(2) Judgment is further entered in favor of Plaintiff against Defendant Parker
Commons as to Count II of the Amended Verified Complaint pursuant to this
Court’s Order at Doc. #57.
(3) This matter against Defendant Unknown Occupants is hereby DISMISSED
without prejudice, with each party to bear its own attorneys’ fees and costs
pursuant to this Court’s Order at Doc. #54.

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(4) The Clerk of the Court is directed to amend the judgment that was previously
entered at Doc. #51 accordingly, terminate any pending motions and deadlines,
and CLOSE the file.
DONE and ORDERED in Fort Myers, Florida this 3rd day of January, 2014.

Copies: All Parties of Record

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