Advantaira Trust, LLC v. G Square Investments, Inc. et al

Filing 33

ORDER dismissing case. In compliance with Fed. R. Civ. P. 41(a), this action is DISMISSED without prejudice. The Relators' Complaint, the United States' Notice of Election to Decline Intervention, the Notice of Voluntary Dismissal, and this Order shall be unsealed. All other papers filed in this action shall remain under seal. The Clerk of the Court is directed to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 10/6/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THE UNITED STATES of AMERICA
ex. rel.
LAWRENCE WALDMAN and PATRICIA
CLARK,
Plaintiffs,
v.

Case No: 2:14-cv-716-FtM-38-CM

JOANNE T. KOWALSKI; ACE
HOMECARE, LLC,; BROOKDALE
HOME HEALTH, LLC; BROOKDALE
SENIOR
LIVING,
INC.;
COMPREHENSIVE HOME CARE OF
SOWTHWEST
FLORIDA,
LLC;
COMPREHENSIVE
WELLNESS
SERVICES, INC.; INFINITY HOME
CARE, LLC; INFINITY HOME CARE
OF PORT CHARLOTTE, LLC;
NURSE ON CALL, INC.; AND
NURSE-ON-CALL HOME CARE,
INC.,
Defendants.
___________________________
ORDER1
This matter is before the Court on the Plaintiffs/Relators, Lawrence Waldman and
Patricia Clark’s, Voluntary Dismissal (Doc. #S-32) filed on September 23, 2016. Federal
Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily

1

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before the opposing party serves either an answer or a motion for summary judgment.
This dismissal is effective upon filing and requires no further action by the Court. See
Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012).
Accordingly, it is hereby
ORDERED:
In compliance with Fed. R. Civ. P. 41(a), this action is DISMISSED without
prejudice.
1. The Relators’ Complaint, the United States’ Notice of Election to Decline
Intervention, the Notice of Voluntary Dismissal, and this Order shall be unsealed.
2. All other papers filed in this action shall remain under seal.
3. The Clerk of the Court is directed to enter judgment accordingly, terminate all
pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida on October 6, 2016.

Copies: All Parties of Record