Poplar Oaks, Inc. v. John Doe

Filing 15

ORDER re 14 Notice of voluntary dismissal filed by Poplar Oaks, Inc. Pursuant to Plaintiff's Notice of Voluntary Dismissal without Prejudice of John Doe 14 and Rule 41(a)(1)(A)(i), the Complaint 1 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 3/16/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
POPLAR OAKS, INC.,
Plaintiff,
v.

Case No: 2:14-cv-691-FtM-38DNF

JOHN DOE,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal
without Prejudice of John Doe (Doc. #14) filed on March 12, 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 Poplar Oaks, Inc. dismisses this action without prejudice.
Defendant John Doe has not filed an answer or motion for summary judgment. As a result,
this matter is due to be dismissed pursuant to Rule 41(a)(1)(A)(i).

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Accordingly, it is now
ORDERED:
Pursuant to Plaintiff’s Notice of Voluntary Dismissal without Prejudice of John Doe
(Doc. #14) and Rule 41(a)(1)(A)(i), the Complaint (Doc. #1) 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 16th day of March, 2015.

Copies: All Parties of Record

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