Miller's Furniture of Mercer Company v. Banner Life Insurance Company, et al

Filing 74

ORDER re 73 Notice of voluntary dismissal filed by Miller's Furniture of Mercer Company. Plaintiff's Notice of Dismissal With Prejudice 73 is DENIED without prejudice. The stay of this case is lifted. The Clerk is directed to remove the stay flag from the docket. Signed by Judge Sheri Polster Chappell on 1/10/2018. (LMF)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MILLER’S FURNITURE OF MERCER COMPANY, a Pennsylvania Corporation, individually and as the representative of a class of similarlysituated persons, Plaintiff, v. Case No: 2:17-cv-456-FtM-99CM BANNER LIFE INSURANCE COMPANY, WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, DJM ADVISORY GROUP LLC, DONALD QUIRKE and JOHN DOE, Defendants. / ORDER1 This matter comes before the Court on review of Plaintiff’s Notice of Dismissal With Prejudice (Doc. 73, “Notice”) filed on January 9, 2018. This junk fax case has been stayed since October 19, 2017, pending final settlement of another case involving the identical junk fax, JWD Automotive, Inc. v. DJM Advisory Group, LLC, et al., case no. 2:15-cv-793JES-MRM (“JWD”). The Notice informs the Court that the JWD class settlement has been 1 Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. approved and the case dismissed; therefore, Plaintiff requests that this case be dismissed with prejudice. Although Defendants have previously represented that final approval of the JWD settlement would resolve Plaintiff’s claims in this case (Doc. 50 at 1-2), the Notice of Dismissal is not stipulated to as required by Federal Rule of Civil Procedure 41. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. Thus, the Court will deny the request for dismissal at this time without prejudice to refiling as a stipulation. If the JWD settlement somehow requires dismissal of this case in some other fashion, Plaintiff must inform the Court of this. Because the JWD settlement has received final approval and has been dismissed, the Court will lift the stay of this matter. Accordingly, it is now ORDERED: (1) Plaintiff’s Notice of Dismissal With Prejudice (Doc. 73) is DENIED without prejudice. (2) The stay of this case is lifted. The Clerk is directed to remove the stay flag from the docket. DONE and ORDERED in Fort Myers, Florida this 10th day of January, 2018. Copies: All Parties of Record 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?