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)

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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 -2-

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