The Provident Bank v. Fenwick

Filing 5

ORDER dismissing case re 1 Complaint. Plaintiff's Complaint 1 is DISMISSED without prejudice. The Clerk is directed to close the case, terminate any pending motions, and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 6/12/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THE PROVIDENT BANK,
Plaintiff,
v.

Case No: 2:14-cv-230-FtM-38CM

WILLIAM J. FENWICK,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal
without Prejudice (Doc. 4) filed on June 12, 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 files this notice pursuant to Rule 41(a)(1)(A)(i). Defendant
has not filed an answer or motion for summary judgment. Plaintiff indicates that this
dismissal is without prejudice.
Accordingly, it is now
ORDERED:
Plaintiff’s Complaint (Doc. 1) is DISMISSED without prejudice. The Clerk is
directed to close the case, terminate any pending motions, and enter judgment
accordingly.
DONE and ORDERED in Fort Myers, Florida this 12th day of June, 2014.

Copies: All Parties of Record

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