Thoresen v. National Note of Utah, LC et al

Filing 7

ORDER dismissing case re 2 Complaint. The Complaint (Doc. #2) is DISMISSED without prejudice. The clerk is directed to terminate any pending motions, close the file, and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 9/2/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KEVIN THORESEN,
Plaintiff,
v.

Case No: 2:14-cv-472-FtM-38DNF

NATIONAL NOTE OF UTAH, LC,
CITY OF FORT MYERS, BOARD OF
COUNTY COMMISSIONERS OF
LEE COUNTY, FLORIDA,
INTERNAL REVENUE SERVICE,
LARRY FRYE, DONALD PITTS,
ANNA PITTS, JNP A-YACHT, LP,
TORUN INVESTMENTS, LLC,
LINDA DOGGETT, UNKNOWN
OCCUPANTS and ANY AND ALL
UNKNOWN PARTIES CLAIMING
BY, THROUGH, UNDER, AND
AGAINST THE HEREIN NAMED
INDIVIDUAL DEFENDANT(S) WHO
ARE NOT KNOWN TO BE DEAD
OR ALIVE, WHETHER SAID
UNKNOWN PARTIES MAY CLAIM
AN INTEREST,
Defendants.
/
ORDER 1
This matter comes before the Court on Notice of Voluntary Dismissal (Doc. #6)
filed on August 29, 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:

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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, Plaintiff filed a notice of voluntary dismissal without prejudice.
Defendants have not field their respective answers or motions for summary judgment.
Therefore, this matter is dismissed without prejudice pursuant to Rule 41(a)(1)(A)(i).
Accordingly, it is now
ORDERED:
The Complaint (Doc. #2) is DISMISSED without prejudice. The clerk is directed
to terminate any pending motions, close the file, and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 2nd day of September, 2014.

Copies: All Parties of Record

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