CANVS Corporation v. Thermoteknix Systems, LTD et al

Filing 12

ORDER dismissing case re 11 Notice of voluntary dismissal. Plaintiff CANVS Corporation's Complaint 1 against Defendants Thermoteknix Systems, Ltd (UK) and Thermoteknix Systems, Ltd (USA) 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 7/24/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CANVS CORPORATION,
Plaintiff,
v.

Case No: 2:14-cv-181-FtM-38DNF

THERMOTEKNIX SYSTEMS, LTD
and THERMOTEKNIX SYSTEMS,
LTD,
Defendants.
/
ORDER1
This matter comes before the Court on Notice of Voluntary Dismissal of Complaint
without Prejudice (Doc. 11) filed on July 24, 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).

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In this instance, Plaintiff CANVS Corporation voluntarily dismisses this action
without prejudice. Defendants Thermoteknix Systems, Ltd (UK) and Thermoteknix
Systems, Ltd (USA) have not answered the Complaint or filed a 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

CANVS

Corporation’s

Complaint

(Doc.

1)

against

Defendants

Thermoteknix Systems, Ltd (UK) and Thermoteknix Systems, Ltd (USA) 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 24th day of July, 2014.

Copies: All Parties of Record

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