Tinoco v. Jasmine W TIC LLC

Filing 19

ORDER dismissing case re 1 Complaint. Plaintiff Junior Hermida's Complaint 1 against Defendant Vitamin Shoppe, Inc. is DISMISSED without prejudice. The Clerk is directed to close the file, terminate any pending motion, and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 8/19/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JUNIOR HERMIDA, on behalf of himself
and all others similarly situated
Plaintiff,
v.

Case No: 2:14-cv-172-FtM-38DNF

VITAMIN SHOPPE, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Notice of Voluntary Dismissal without
Prejudice (Doc. 13) filed on August 19, 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, Plaintiff Junior Hermida voluntarily dismisses this action without
prejudice. Defendant Vitamin Shoppe, Inc. has not answered the Complaint or filed a

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motion for summary judgment. Therefore, pursuant to Rule 41(a)(1)(A)(i), this matter is
dismissed without prejudice.
Accordingly, it is now
ORDERED:
Plaintiff Junior Hermida’s Complaint (Doc. 1) against Defendant Vitamin Shoppe,
Inc. is DISMISSED without prejudice. The Clerk is directed to close the file, terminate
any pending motion, and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 19th day of August, 2014.

Copies: All Parties of Record

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