United States of America v. 6 Porsche Cayennes et al

Filing 40

ORDER granting 39 the Plaintiff, United States of America's Unopposed Motion to Dismiss Certain Property. All claims against the Defendant Vehicles *WP1AD2A26DLA72280 ("VIN 2280"), *WP1AA2A20DLA05294 ("VIN 5294"), *WP1AA 2A25DLA03721 ("VIN 3721"), and *WP0AF2A79DL076170 ("VIN 6170") are DISMISSED. Finding no just cause for delay, the Clerk shall enter judgment accordingly and terminate only these Defendant Vehicles. Signed by Judge Sheri Polster Chappell on 7/8/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No: 2:13-cv-636-FtM-38DNF

VIN: WP1AD2A26DLA72280,
WP1AA2A20DLA05294,
5UXZV4C5XD0B20600,
WP1AA2A25DLA03721,
WP0AA2A78DL011101,
WP0AF2A79DL076170,
WP1AA2A29DLA02832 and
WP1AA2A25DLA02679,

VIN:
VIN:
VIN:
VIN:
VIN:
VIN:
VIN:

Defendants.
/
ORDER1
This matter comes before the Court on The Plaintiff, United States of America's
Unopposed Motion to Dismiss Certain Property (Doc. #39) filed on July 2, 2014.
Specifically, the United States seeks to dismiss the civil forfeiture action against the four
defendant vehicles, WP1AD2A26DLA72280 (“VIN 2280”), WP1AA2A20DLA05294 (“VIN
5294”), WP1AA2A25DLA03721 (“VIN 3721”), and WP0AF2A79DL076170 (“VIN 6170”).
IFYI, Inc. filed a verified claim with respect to these four defendant vehicles and
IFYI, Inc.’s interests have been settled through negotiations with the United States and

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the Parties have entered into a written settlement agreement. The United States no longer
intends to pursue the forfeiture of these four Defendant Vehicles and requests that they be
dismissed from this civil forfeiture case pursuant to Fed. R. Civ. P. 41(a)(2), which

provides for a voluntary dismissal by court order.

The Motion to Dismiss the four

Defendant Vehicles VIN 2280, VIN 5294, VIN 3721, and VIN 6170 is unopposed.
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 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).
While Rule 41(a)(2) allows for the dismissal of an action, the Courts in this District
generally hold that Rule 41(a)(2) applies only to the entire action and not some of the
Parties in the case. Nevertheless, pursuant to Fed. R. Civ. P. 54(b), “when multiple
parties are involved, the court may direct entry of a final judgment as to one or more, but
fewer than all, claims or parties only if the court expressly determines that there is no just
reason for delay.”

The United States agrees that its interests in these four defendant

vehicles have been resolved pursuant to a negotiated settlement. Therefore, there is no

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just reason for delay and the Motion to Dismiss the four Defendant Vehicles VIN 2280,
VIN 5294, VIN 3721, and VIN 6170 is due to be granted.
Accordingly, it is now
ORDERED:
The Plaintiff, United States of America's Unopposed Motion to Dismiss Certain
Property (Doc. #39) is GRANTED. All claims against the Defendant Vehicles


WP1AD2A26DLA72280 (“VIN 2280”),



WP1AA2A20DLA05294 (“VIN 5294”),



WP1AA2A25DLA03721 (“VIN 3721”), and



WP0AF2A79DL076170 (“VIN 6170”)

are DISMISSED.

Finding no just cause for delay, the Clerk shall enter judgment

accordingly and terminate only these Defendant Vehicles.
DONE and ORDERED in Fort Myers, Florida this 8th day of July, 2014.

Copies: All Parties of Record

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