Heffren v. Storm Tight SWF, LLC et al

Filing 11

ORDER dismissing case re 4 Amended Complaint. Plaintiff Dan Heffren's Amended Complaint 4 against Defendants, Storm Tight SWF, LLC, and Tom Albanito, 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 9/19/2014. (LMF)

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

Case No: 2:14-cv-220-FtM-38CM

STORM TIGHT SWF, LLC and TOM
ALBANITO,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff’s Notice of Voluntary Dismissal
without Prejudice (Doc. #10) filed on September 15, 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 Dan Heffren voluntarily dismisses this action without
prejudice. Defendants, Storm Tight SWF, LLC, and Tom Albanito, 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 Dan Heffren’s Amended Complaint (Doc. #4) against Defendants, Storm
Tight SWF, LLC, and Tom Albanito, 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 September, 2014.

Copies: All Parties of Record

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