PNC Bank National Association v. Wilnic Properties, LLC et al

Filing 61

ORDER dismissing without prejudice Counts III, IV, and V and directing the clerk to close the file. Signed by Magistrate Judge Philip R. Lammens on 2/23/2017. (CAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
PNC BANK NATIONAL
ASSOCIATION, a national banking
association, successor-by-merger with
RBC Bank (USA), a North Carolina statechartered bank, successor-by merger with
Florida Choice Bank, a Florida statechartered bank
Plaintiff,
v.

Case No: 5:16-cv-66-Oc-PRL

WILNIC PROPERTIES, LLC,
NICHOLAS PRZYSTAWSKI,
SUZANNE L. PRZYSTAWSKI and
CENTRAL FLORIDA FOOT CARE,
P.A.
Defendants.

ORDER
This consent case is before the Court on Plaintiff’s Notice of Voluntary Dismissal. (Doc.
60). Plaintiff seeks the dismissal of its three remaining claims—Counts III, IV, and V, which
seek relief from the Defendants. (See Doc. 1, pp.17–24). Notably, at the telephonic status
conference held before me on February 22, 2017 (the same day that Plaintiff filed its notice of
dismissal), all of the Defendants in this case consented to the dismissal of those Counts without
prejudice. (Docs. 58, 59). Notably, Counts I and II have already been resolved in Plaintiff’s
favor and against Wilnic Properties, LLC, Nicholas Przystawski, and Suzanne L. Przystawski,
with judgment entered accordingly. (See Docs. 49, 52, 53).

Given the posture of the case and Defendants’ consent, I find that the terms of the dismissal
of Counts III, IV, and V as to each of the Defendants are proper. See Fed. R. Civ. P. 41(a)(2)
(allowing for “an action [to] be dismissed at the plaintiff’s request . . . on terms that the court
considers proper”); see also McCants v. Ford Motor Co., 781 F.2d 855, 856–57 (11th Cir. 1986)
(noting that “in most cases a [voluntary]dismissal should be granted unless the defendant will
suffer clear legal prejudice”) (page number omitted). Accordingly, Counts III, IV, and V are
DISMISSED WITHOUT PREJUDICE as to each Defendant. The CLERK is DIRECTED to
terminate all pending motions (except Plaintiff’s motion for attorney’s fees as to Counts I and II
(Doc. 56)) and close the file.
DONE and ORDERED in Ocala, Florida on February 23, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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