Grip Pod Systems International, LLC v. Osprey Global, LLC et al

Filing 39

ORDER re 38 Notice of voluntary dismissal filed by Grip Pod Systems International, LLC. Plaintiff's Notice of Voluntary Dismissal Without Prejudice of Counts I-XVII Only 38 is DENIED WITHOUT PREJUDICE and Plaintiff will be granted leave to file an Amended Complaint without Counts I-XVII on or before October 10, 2017. Signed by Judge Sheri Polster Chappell on 9/27/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GRIP POD SYSTEMS
INTERNATIONAL, LLC, a Delaware
limited liability company,
Plaintiff,
v.

Case No: 2:17-cv-270-FtM-99MRM

OSPREY GLOBAL, LLC and KINGS
ENTERPRISE, LLC,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff’s Notice of Voluntary Dismissal
Without Prejudice of Counts I-XVII Only (Doc. 38) filed on September 25, 2017. Plaintiff
seeks to dismiss Counts I-XVII of the Complaint (Doc. 1), without objection from
Defendants. Plaintiff seeks to proceed with only Counts XIII-XXII.
Under Federal Rule of Civil Procedure 41(a)(1)(A), a plaintiff may dismiss an action
without a court order “before the opposing party serves either an answer or a motion for
summary judgment” or by “a stipulation of dismissal signed by all parties who have
appeared.” In the Eleventh Circuit, “precedent dictates that Rule 41 allows a plaintiff to
dismiss all of his claims against a particular defendant; its text does not permit plaintiffs

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to pick and choose, dismissing only particular claims within an action.” Campbell v. Altec
Indus., Inc., 605 F.3d 839, 841 n.1 (11th Cir. 2010). As Plaintiff is only seeking to dismiss
Counts I-XVII, the voluntary dismissal will be denied. The Notice will be construed as
containing an unopposed motion to amend and Plaintiff is granted leave to file an
Amended Complaint without Counts I-XVII.
Accordingly, it is now
ORDERED:
Plaintiff’s Notice of Voluntary Dismissal Without Prejudice of Counts I-XVII Only
(Doc. 38) is DENIED WITHOUT PREJUDICE and Plaintiff will be granted leave to file an
Amended Complaint without Counts I-XVII on or before October 10, 2017.
DONE and ORDERED in Fort Myers, Florida this 26th day of September, 2017.

Copies: All Parties of Record

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