Scott v. Coastal QSR, LLC

Filing 11

ORDER re 10 Notice of voluntary dismissal filed by Raleigh Scott. The Plaintiff, Raleigh Scott's Complaint 1 is DISMISSED with prejudice and the Clerk of the Court is directed to CLOSE the case and terminate all deadlines and any outstanding motions. Signed by Judge Sheri Polster Chappell on 6/13/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

RALEIGH SCOTT,
Plaintiff,
v.

Case No: 2:13-cv-366-FtM-38DNF

COASTAL QSR, LLC,
Defendant.
/
ORDER
This matter comes before the Court on the Plaintiff, Raleigh Scott's Notice of
Voluntary Dismissal (Doc. #10) filed on June 12, 2013. The Plaintiff gives notice to the
Court that he voluntarily dismisses the Complaint with prejudice. Federal Rule of Civil
Procedure 41(a)(1)(A), allows a plaintiff to voluntarily dismiss a case without a court
order as long an answer or summary judgment has not been filed. The Rule reads in
pertinent part:
Subject 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).
In this instance, no answer or summary judgment has been filed, therefore; the
case is due to be dismissed.
Accordingly, it is now
ORDERED:

The Plaintiff, Raleigh Scott's Complaint (Doc. # 1) is DISMISSED with prejudice
and the Clerk of the Court is directed to CLOSE the case and terminate all deadlines
and any outstanding motions.
DONE and ORDERED in Fort Myers, Florida this 13th day of June, 2013.

Copies: All Parties of Record

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