Landmark American Insurance Company v. North Captiva Island Club, Inc. et al

Filing 54

ORDER. The Clerk is directed to enter judgment dismissing Defendant Jake Shallow without prejudice and terminate Shallow as a party-defendant on the docket. Signed by Judge Sheri Polster Chappell on 3/31/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LANDMARK AMERICAN INSURANCE
COMPANY,
Plaintiff,
v.

Case No: 2:16-cv-582-FtM-99CM

NORTH CAPTIVA ISLAND CLUB,
INC., JAKE SHALLOW, JANE DOES
1 and 2,
Defendants.
_____________________________
ORDER1
This matter comes before the Court on Plaintiff’s Response to this Court’s Order
to Show Cause (Doc. #52) directing Plaintiff to show cause why this case should not be
dismissed as to Defendant Jake Shallow for failure to file a motion for clerk’s default.
Plaintiff states that the complaint in the underlying lawsuit no longer names Jake Shallow
as a Defendant; therefore, Plaintiff requests that Jake Shallow be dismissed from this
action without prejudice. The Court will construe the Response as a notice of voluntary
dismissal of Defendant Jake Shallow.

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Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action
voluntarily before the opposing party serves either an answer or a motion for summary
judgment. This dismissal is effective upon filing and requires no further action by the
Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012).
Therefore, in compliance with Rule 41(a), this action against Defendant Jake Shallow is
dismissed without prejudice. Finding no cause for delay, the Court will direct the Clerk to
enter judgment accordingly but this case will remain open as to the other Defendants.
Accordingly, it is now
ORDERED:
The Clerk is directed to enter judgment dismissing Defendant Jake Shallow without
prejudice and terminate Shallow as a party-defendant on the docket.
DONE and ORDERED in Fort Myers, Florida this 31st day of March, 2017.

Copies: All Parties of Record

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