Johansson v. Emmons

Filing 29

ORDER denying as moot 19 Motion to dismiss; denying as moot 22 Motion to dismiss. Signed by Senior Judge Patricia C. Fawsett on 5/19/2010. (JSH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
CAROL JOHANSSON, Plaintiff, -vsMICHAEL TROUP EMMONS, Defendant. ______________________________________ Case No. 6:09-cv-2053-Orl-19KRS

ORDER
This case comes before the Court on the following: 1. Motion to Dismiss Amended Complaint by Defendant Michael Troup Emmons (Doc. No. 19, filed Apr. 5, 2010); 2. Amended Motion to Dismiss Amended Complaint by Defendant Michael Troup Emmons (Doc. No. 22, filed Apr. 14, 2010); 3. Opposition to Defendant's Motion to Dismiss Amended Complaint by Plaintiff Carol Johansson (Doc. No. 25, filed Apr. 27, 2010); and 4. Notice of Voluntary Dismissal by Plaintiff Carol Johansson (Doc. No. 28, filed Apr. 29, 2010). Analysis Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment. On April 29, 2010, Plaintiff Carol Johansson filed a Notice of Voluntary Dismissal. (Doc. No. 28.) As of that date, Defendant Michael Troup

Emmons had not served an answer1 or a motion for summary judgment. Accordingly, this case is dismissed without prejudice. Conclusion Based on the foregoing, it is ORDERED and ADJUDGED that this case is DISMISSED without prejudice. The Motion to Dismiss Amended Complaint (Doc. No. 19) and Amended Motion to Dismiss Amended Complaint by Defendant Michael Troup Emmons (Doc. No. 22) are DENIED as moot. The Clerk of Court is directed to close this case. DONE and ORDERED in Chambers in Orlando, Florida on May 19, 2010.

Copies furnished to: Carol Johansson Counsel of Record

On January 15, 2010, Emmons erroneously filed a Motion to Dismiss as an Answer in the Court's electronic filing system. (Doc. No. 9.) The Clerk of Court notified Emmons of this error, and the Motion to Dismiss was properly filed that same day. (Doc. No. 10.)
-2-

1