Federal Insurance Company v. Conditioned Air Company of Naples, LLC

Filing 17

ORDER re 16 Notice of voluntary dismissal filed by Federal Insurance Company. Plaintiff's Notice of Voluntary Dismissal with Prejudice 16 is DENIED. Signed by Judge Sheri Polster Chappell on 8/6/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FEDERAL INSURANCE COMPANY, as
subrogee of Melvin and Theresa
Karmazin
Plaintiff,
v.

Case No: 2:18-cv-409-FtM-38CM

CONDITIONED AIR COMPANY OF
NAPLES, LLC,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff’s Notice of Voluntary Dismissal
with Prejudice (Doc. 16). Plaintiff seeks to dismiss this case pursuant to Federal Rule of
Civil Procedure 41(a)(1)(A). Under Rule 41, a party may dismiss an action without a court
order by filing a notice of dismissal before the opposing party serves either an answer or
motion for summary judgment or by filing a stipulation of dismissal signed by all parties
who have appeared. See Fed. R. Civ. P. 41(a)(1)(A). Because Defendant answered the
Complaint, Plaintiff can only dismiss the action under Rule 41 by filing a stipulation signed
by all parties who have appeared. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Plaintiff’s Notice

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does not comply with this requirement and is thus ineffective. Should Plaintiff wish to
dismiss this case, it must file a stipulation of dismissal signed by all parties who have
appeared.
Accordingly, it is now
ORDERED:
Plaintiff’s Notice of Voluntary Dismissal with Prejudice (Doc. 16) is DENIED.
DONE and ORDERED in Fort Myers, Florida this 6th day of August 2018.

Copies: All Parties of Record

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