Dyer v. The Bank of New York Melon et al

Filing 21

ORDER: Plaintiff's Notice of Voluntary Dismissal (Doc. 20) is APPROVED. The case is dismissed without prejudice. Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss (Doc. 4) is DENIED as moot. The Clerk is directed to close this case. Signed by Judge James S. Moody, Jr on 12/4/2014. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

NEIL DYER,
Plaintiff,
v.

Case No: 5:14-cv-509-Oc-30PRL

THE BANK OF NEW YORK MELON,
et al.,
Defendants.
________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Notice of Voluntary
Dismissal (Doc. 20). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff
may voluntarily 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.”
Otherwise, the plaintiff must file either a motion seeking leave of court to dismiss the action
or a joint stipulation of dismissal. Fed. R. Civ. P. 41(a)(1)(A)(ii), (2). Here, Defendants
have not filed an answer or motion for summary judgment; however, Defendant JPMorgan
Chase Bank, N.A. filed a motion to dismiss Plaintiff’s complaint (Doc. 4). Under the plain
language of Rule 41(a)(1)(A)(i), the filing of a motion to dismiss does not affect Plaintiff’s
right to file a notice of voluntary dismissal.
Accordingly, it is therefore ORDERED AND ADJUDGED that:
1. Plaintiff’s Notice of Voluntary Dismissal (Doc. 20) is APPROVED.

2. The case is dismissed without prejudice.
3.

Defendant JPMorgan Chase Bank, N.A.’s Motion to Dismiss (Doc. 4) is

DENIED as moot.
4. The Clerk is directed to close this case.
DONE AND ORDERED in Tampa, Florida on this 4th day of December, 2014.

Copies furnished to:
Counsel/Parties of Record
S:\OCALA\14-509 Dyer v. Bank of N.Y. Melon.Not. of Vol. Dismissal.docx

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