Dallas Buyers Club, LLC. v. Doe
Filing
10
ORDER dismissing case re 9 Notice of voluntary dismissal. The Plaintiff, Dallas Buyer's Club, LLC's Voluntary Notice of Dismissal without Prejudice 9 is GRANTED. The case is hereby DISMISSED without prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate all pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 6/11/2015. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DALLAS BUYERS CLUB, LLC.,
Plaintiff,
v.
Case No: 2:15-cv-94-FtM-38DNF
JOHN OR JANE DOE,
Defendant.
/
ORDER1
This matter comes before the Court on the Plaintiff, Dallas Buyer's Club, LLC's
Voluntary Notice of Dismissal without Prejudice (Doc. #9) filed on June 10, 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).
1
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In this instance, the Plaintiff informs the Court that it voluntarily dismisses the
Complaint without prejudice. No answer or summary judgment has been filed, therefore;
the case is dismissed without prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff, Dallas Buyer's Club, LLC's Voluntary Notice of Dismissal without
Prejudice (Doc. #9) is GRANTED. The case is hereby DISMISSED without prejudice.
The Clerk of the Court is directed to enter judgment accordingly, terminate all pending
motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 11th day of June, 2015.
Copies: All Parties of Record
2
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