Donnelly v. DFC Global Corp

Filing 17

ORDER re 16 Notice of voluntary dismissal filed by Michael Donnelly.The Plaintiff, Michael Donnelly's Notice of Voluntary Dismissal 16 is STRICKEN. The Clerk of the Court is directed to STRIKE and remove the Notice 16 from the docket sheet. Signed by Judge Sheri Polster Chappell on 10/15/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHAEL DONNELLY,
Plaintiff,
v.

Case No: 2:13-cv-405-FtM-38UAM

DFC GLOBAL CORP,
Defendant.
/
ORDER1
This matter comes before the Court on the Plaintiff, Michael Donnelly's Notice of
Voluntary Dismissal (Doc. #16) filed on October 14, 2013.

Federal Rule of Civil

Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. 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, the Plaintiff informs the Court that he voluntarily dismisses the
claim, however, an Answer (Doc. # 13) was filed in the case on July 12, 2013. After an
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answer has been filed, a stipulation of dismissal signed by both parties must be filed
with the Court rather than a notice of voluntary dismissal. Therefore, the Notice to
Voluntarily Dismiss the action is due to be stricken and the Plaintiff will be required to
file a stipulation of dismissal signed by both parties or in the alternative file a Motion to
Voluntarily Dismiss in compliance with Fed. R. Civ. P. 41(a)(2).
Accordingly, it is now
ORDERED:
The Plaintiff, Michael Donnelly's Notice of Voluntary Dismissal (Doc. #16) is
STRICKEN. The Clerk of the Court is directed to STRIKE and remove the Notice (Doc.
# 16) from the docket sheet.
DONE and ORDERED in Fort Myers, Florida this 15th day of October, 2013.

Copies: All Parties of Record

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