Slater v. Universal Engineering Sciences, Inc. et al

Filing 16

ORDER denying as moot 5 Motion to dismiss. Signed by Senior Judge Patricia C. Fawsett on 3/18/2010. (JSH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
WILLIAM SLATER, Plaintiff, -vsUNIVERSAL ENGINEERING SCIENCES, INC., URS CORPORATION f/k/a URS Grenier Woodward-Clyde InternationalAmericas, Inc., and U.S. ARMY CORPS OF ENGINEERS, Defendants. ______________________________________ Case No. 6:10-cv-305-Orl-19GJK

ORDER
This case comes before the Court on the Notice of Voluntary Dismissal Without Prejudice as to Defendant Universal Engineering Sciences, Inc. by Plaintiff William Slater. (Doc. No. 11, filed Mar. 11, 2010.) 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 either an answer or a motion for summary judgment. On March 11, 2010, Plaintiff William Slater filed a notice of voluntary dismissal against Defendant Universal Engineering Sciences, Inc. (Doc. No. 11.) As of that date, Universal Engineering Sciences, Inc. had not served an answer or a motion for summary judgment. Accordingly, this case is dismissed without prejudice as to Defendant Universal Engineering Sciences, Inc.

Conclusion Based on the foregoing, it is hereby ORDERED and ADJUDGED that this case is DISMISSED without prejudice as to Defendant Universal Engineering Sciences, Inc. The Motion to Dismiss Complaint by Defendant Universal Engineering Sciences, Inc. (Doc. No. 5) is DENIED as moot. DONE and ORDERED in Chambers in Orlando, Florida on March18, 2010.

Copies furnished to: Counsel of Record

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