Dish Network L.L.C. et al v. Woodward

Filing 15

ORDER dismissing case re 14 Notice of voluntary dismissal. Pursuant to the Plaintiffs' Notice of Dismissal and Rule 41(a)(1)(A)(i), the Complaint 1 is DISMISSED without prejudice. The Clerk is directed to close the file, terminate any and all pending motions, and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 12/24/2014. Signed by Judge Sheri Polster Chappell on 12/24/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DISH NETWORK L.L.C., ECHOSTAR
TECHNOLOGIES L.L.C. and
NAGRASTAR LLC,
Plaintiffs,
v.

Case No: 2:14-cv-522-FtM-38CM

HOLLY WOODWARD,
Defendant.
/
ORDER1
This matter comes before the Court on Notice of Dismissal (Doc. #14) filed on
December 23, 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).
In this instance, Plaintiffs Dish Network LLC, Echostar Technologies LLC, and
Nagrastar LLC indicate Plaintiffs have been unable to locate and presumably serve
Defendant Holly Woodward. As a result, Plaintiffs wish to dismiss this case without

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prejudice. Since Defendant has not appeared in this case and this notice is signed by all
Plaintiffs, the Court finds this matter is due to be dismissed without prejudice pursuant to
Rule 41(a)(1)(A)(i).
Accordingly, it is now
ORDERED:
Pursuant to the Plaintiffs’ Notice of Dismissal and Rule 41(a)(1)(A)(i), the
Complaint (Doc. #1) is DISMISSED without prejudice. The Clerk is directed to close the
file, terminate any and all pending motions, and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 24th day of December, 2014.

Copies: All Parties of Record

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