Lee Memorial Health System v. Humana Insurance Company et al

Filing 13

ORDER granting #12 the Plaintiff, Lee Memorial Health System's Notice of Voluntary Dismissal. The Clerk of the Court is directed to enter judgment accordingly, DISMISS the case with prejudice, terminate any pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 4/16/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LEE MEMORIAL HEALTH SYSTEM,
Plaintiff,
v.

Case No: 2:14-cv-136-FtM-38CM

HUMANA INSURANCE COMPANY,
HUMANA MEDICAL PLAN INC. and
HUMANA HEALTH INSURANCE
COMPANY OF FLORIDA, INC.,
Defendants.
/
ORDER
This matter comes before the Court on the Plaintiff, Lee Memorial Health System's
Notice of Voluntary Dismissal (Doc. #12) filed on April 14, 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, the Plaintiff, Lee Memorial Health Systems informs the Court that
it voluntarily dismisses the Complaint with prejudice. No answer or summary judgment
has been filed, therefore; the case is due to be dismissed with prejudice.

Accordingly, it is now
ORDERED:
The Plaintiff, Lee Memorial Health System's Notice of Voluntary Dismissal (Doc.
#12) is GRANTED. The Clerk of the Court is directed to enter judgment accordingly,
DISMISS the case with prejudice, terminate any pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 15th day of April, 2014.

Copies: All Parties of Record

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