DeJesus v. First Acceptance Insurance Company, Inc.

Filing 7

ORDER denying 6 Plaintiff's Notice of Voluntary Dismissal with Prejudice. Signed by Judge Timothy J. Corrigan on 6/11/2015. (BJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
LUIS DEJESUS,
Plaintiff,
v.

Case No. 5:15-cv-170-Oc-32PRL

FIRST ACCEPTANCE INSURANCE
COMPANY, INC.,
Defendant.

ORDER
This case is before the Court on Plaintiff's Notice of Voluntary Dismissal with
Prejudice (Doc. 6). The notice purports to dismiss the case with prejudice pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A). Rule 41(a)(1)(A), however, only allows a
plaintiff to unilaterally dismiss a case without court order before the defendant has
answered or moved for summary judgment; otherwise, the plaintiff needs a
stipulation signed by all parties who have appeared in order to dismiss the case
without court order. Fed. R. Civ. P. 41(a)(1)(A). Defendant filed an answer in this case
on April 24, 2015 (Doc. 4), and the notice is signed only by the plaintiff. So, if the
plaintiff intends to dismiss this case without court order, he will need to file a
stipulation signed by both parties.
Accordingly, it is hereby
ORDERED:
Plaintiff's Notice of Voluntary Dismissal with Prejudice (Doc. 6) is DENIED.

DONE AND ORDERED at Jacksonville, Florida this 11th day of June, 2015.

bjb
Copies:
Counsel of record

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