The Provident Bank v. Borci et al

Filing 15

ORDER granting 14 Plaintiff Provident Bank's Notice of Voluntary Dismissal Without Prejudice. The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 3/27/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THE PROVIDENT BANK,
Plaintiff,
v.

Case No: 2:15-cv-18-FtM-38CM

JOSEPH A. BORCI, and REBECCA
A. BORCI,
Defendants.
/
ORDER1
This matter is before the Court on Plaintiff Provident Bank's Notice of Voluntary
Dismissal Without Prejudice (Doc. #14) filed on March 26, 2015. 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.
Fed. R. Civ. P. 41(a)(1)(A).
In this instance, Plaintiff voluntarily dismisses the Complaint (Doc. #1) under Rule
41(a)(1)(A)(i). (Doc. #14). Defendants Joseph A. Borci and Rebecca A. Borci have not

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filed an answer or a motion for summary judgment. The Court, therefore, dismisses the
case without prejudice.
Accordingly, it is now
ORDERED:
(1) Plaintiff Provident Bank's Notice of Voluntary Dismissal Without Prejudice (Doc.
#14) is GRANTED.
(2) The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate
any pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 27th day of March, 2015.

Copies: All Parties of Record

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