Admiral Insurance Company v. Rivelle et al

Filing 24

ORDER re 19 Notice of voluntary dismissal filed by Admiral Insurance Company. Plaintiff Admiral Insurance Company's Notice of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i) as to Defendant California Restaurant Mutual Benefit Corporation 19 is GRANTED without prejudice. The Clerk of the Court is directed to terminate Defendant California Restaurant Mutual Benefit Corporation as a party in this case. Signed by Judge Sheri Polster Chappell on 8/13/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ADMIRAL INSURANCE COMPANY, a
foreign for profit corporation,
Plaintiff,
v.

Case No: 2:14-cv-339-FtM-38CM

MARN RIVELLE d/b/a RIVELLE
CONSULTING SERVICES, an
individual; and CALIFORNIA
RESTAURANT MUTUAL BENEFIT
CORPORATION, a foreign
corporation,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff Admiral Insurance Company's
Notice of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i) as to Defendant
California Restaurant Mutual Benefit Corporation (Doc. #19) filed on August 1, 2014.
Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a
case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that
[s]ubject 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.
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Fed. R. Civ. P. 41(a)(1)(A).
In this instance, Plaintiff voluntarily dismisses all claims in the Complaint (Doc. #1)
against Defendant California Restaurant Mutual Benefit Corporation ("Defendant
CRMBC") pursuant to Rule 41(a)(1)(A)(i). (Doc. #19). Defendant CRMBC has not filed
an answer or a motion for summary judgment. The Court, therefore, dismisses the case
as to Defendant CRMBC without prejudice.
Accordingly, it is now
ORDERED:
Plaintiff Admiral Insurance Company's Notice of Voluntary Dismissal Pursuant to
F.R.C.P. 41(a)(1)(A)(i) as to Defendant California Restaurant Mutual Benefit Corporation
(Doc. #19) is GRANTED without prejudice. The Clerk of the Court is directed to
terminate Defendant California Restaurant Mutual Benefit Corporation as a party in this
case.
DONE and ORDERED in Fort Myers, Florida this 13th day of August, 2014.

Copies: All Parties of Record

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