Malibu Media, LLC v. Doe

Filing 13

ORDER dismissing case re 12 Notice of voluntary dismissal. Pursuant to Plaintiff's Notice of Voluntary Dismissal without Prejudice to Elio Hernandez 12 and Rule 41(a)(1)(A)(i), the Amended Complaint 10 is DISMISSED without prejudice. The Clerk is directed to terminate any pending motions, enter judgment, and close the case. Signed by Judge Sheri Polster Chappell on 1/20/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MALIBU MEDIA, LLC,
Plaintiff,
v.

Case No: 2:14-cv-512-FtM-38CM

ELIO HERNANDEZ,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal
without Prejudice to Elio Hernandez (Doc. #12) filed on January 16, 2015. 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).
In this instance, Plaintiff Malibu Media, LLC indicates this matter is dismissed
without prejudice. Defendant Elio Hernandez has not filed an answer or motion for

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summary judgment. Therefore, this matter is due to be dismissed pursuant to Rule
41(a)(1)(A)(i).
Accordingly, it is now
ORDERED:
Pursuant to Plaintiff's Notice of Voluntary Dismissal without Prejudice to Elio
Hernandez (Doc. #12) and Rule 41(a)(1)(A)(i), the Amended Complaint (Doc. #10) is
DISMISSED without prejudice. The Clerk is directed to terminate any pending motions,
enter judgment, and close the case.
DONE and ORDERED in Fort Myers, Florida this 20th day of January, 2015.

Copies: All Parties of Record

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