Windey v. Capital Bank Financial Corp.

Filing 7

ORDER dismissing case re 6 the Plaintiff Roger Windey's Notice of Voluntary Dismissal with Prejudice. The case is hereby DISMISSED with 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 3/25/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROGER WINDEY,
Plaintiff,
v.

Case No: 2:15-cv-24-FtM-38CM

CAPITAL BANK FINANCIAL CORP.,
Defendant.
/
ORDER1
This matter comes before the Court on the Plaintiff Roger Windey's Notice of
Voluntary Dismissal with Prejudice (Doc. #6) filed on February 11, 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:
A notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment; or
A stipulation of dismissal signed by all parties who have
appeared.
Fed. R. Civ. P. 41(a)(1)(A).

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In this instance, the Plaintiff informs the Court that he voluntarily dismisses the
Complaint with prejudice. No answer or summary judgment has been filed, and no
evidence that the Defendant was ever served has been filed with the Court. Although this
is an FLSA case, the Plaintiff does not state the case was settled so there is no settlement
agreement for the Court to review. Therefore, the case is due to be dismissed with
prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff Roger Windey's Notice of Voluntary Dismissal with Prejudice (Doc.
#6) is GRANTED. The case is hereby DISMISSED with prejudice. 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 24th day of March, 2015.

Copies: All Parties of Record

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