AJS Weightloss, LLC v. Rosenthal et al

Filing 50

ORDER dismissing case re 49 Notice of voluntary dismissal. Pursuant to the Third Party Plaintiff's Notice of Voluntary Dismissal without Prejudice 49 and Rule 41(a)(1)(A)(i), the Third Party Complaint 15 is DISMISSED without prejudice. In light of this instant Order and the Court's October 24, 2014 Order, 48 , the Clerk is directed to terminate any pending motions, enter judgment, and close the case. Signed by Judge Sheri Polster Chappell on 10/28/2014. (LMF)

AJS WEIGHTLOSS, LLC,
Plaintiff,
v.

Case No: 2:13-cv-711-FtM-38DNF

MICHAEL S. ROSENTHAL and
WAGNER, JOHNSTON &
ROSENTHAL, P.C.,
Defendants/Third
Party Plaintiffs
THIRD EYE MANAGEMENT AND
MARKETING, INC.,
Third Party Defendant.
__________________________________/
ORDER1
This matter comes before the Court on Third Party Plaintiff's Notice of Voluntary
Dismissal without Prejudice (Doc. #49) filed on October 28, 2014. 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 Third Party Plaintiffs Michael S. Rosenthal and Wagner Johnston
& Rosenthal, P.C. indicate this matter is dismissed without prejudice. Third Party

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Defendant Third Eye Management and Marketing, Inc. has not filed an answer or motion
for summary judgment. Therefore, this matter is due to be dismissed pursuant to Rule
41(a)(1)(A)(i).
Accordingly, it is now
ORDERED:
1. Pursuant to the Third Party Plaintiff's Notice of Voluntary Dismissal without
Prejudice (Doc. #49) and Rule 41(a)(1)(A)(i), the Third Party Complaint (Doc.
#15) is DISMISSED without prejudice.
2. In light of this instant Order and the Court’s October 24, 2014 Order, (Doc. #48),
the Clerk is directed to terminate any pending motions, enter judgment, and
close the case.
DONE and ORDERED in Fort Myers, Florida this 28th day of October, 2014.

Copies: All Parties of Record

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