Luchetta v. Dyck-O'Neal, Inc. et al

Filing 9

ORDER dismissing case re 8 Notice of voluntary dismissal. The Plaintiff, Tania Luchetta's Notice of Voluntary Dismissal with Prejudice 8 is GRANTED. The case is hereby DISMISSED. The Clerk of the Court is directed to enter judgment accordingly, terminate all pending motions and deadlines and close the file. Signed by Judge Sheri Polster Chappell on 9/1/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TANIA LUCHETTA,
Plaintiff,
v.

Case No: 2:15-cv-364-FtM-38CM

DYCK-O’NEAL, INC. and LAW
OFFICES
OF
DANIEL
C.
CONSUEGRA, P.L.,
Defendants.
/
ORDER1
This matter comes before the Court on the Plaintiff, Tania Luchetta's Notice of
Voluntary Dismissal with Prejudice (Doc. #8) filed on August 28, 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 she voluntarily dismisses the
Complaint with prejudice. No answer or summary judgment has been filed, therefore; the
case is due to be dismissed with prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff, Tania Luchetta's Notice of Voluntary Dismissal with Prejudice (Doc.
#8) is GRANTED. The case is hereby DISMISSED. The Clerk of the Court is directed to
enter judgment accordingly, terminate all pending motions and deadlines and close the
file.
DONE and ORDERED in Fort Myers, Florida this 1st day of September, 2015.

Copies: All Parties of Record

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