Certain Underwriters at LLoyd's of London, UK subscribing to Policy No. B1230AP56189A14 v. Fire & Life Safety America, Inc.

Filing 106

ORDER -- On or before Thursday, February 23, 2017, the parties are DIRECTED to notify the Court whether they intend to: (1) submit additional briefing with respect to the Partial MSJ; or (2) rest on the current record for resolution of this motio n. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff's claims against Defendant Fire & Life Safety America, Inc. are DISMISSED WITH PREJUDICE, with each party to bear its own costs and fees. The Clerk is DIRECTED to terminate Defendant Fire & Life Safety America, Inc. as a party to this action. Signed by Judge Roy B. Dalton, Jr. on 2/17/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CERTAIN UNDERWRITERS AT
LLOYD’S OF LONDON, UK
SUBSCRIBING TO
POLICY NO. B1230AP56189A14,
Plaintiff,
v.

Case No. 6:16-cv-258-Orl-37GJK

FIRE & LIFE SAFETY AMERICA, INC.;
and OCEAN WALK RESORT
CONDOMINIUM ASSOCIATION, INC.,
Defendants.
ORDER
This cause is before the Court on its own motion.
On September 13, 2016, Plaintiff moved for partial summary judgment of its claims
against Defendant Ocean Walk Resort Condominium Association, Inc. (“Ocean Walk”)
(Doc. 27 (“Partial MSJ”).) After the matter had been fully briefed, the Court held a hearing
on December 14, 2016. (See Doc. 96.) At the conclusion of the hearing, the Court
deferred further consideration of the Partial MSJ until after the close of discovery, at which
time the parties would be permitted to submit additional briefing. Discovery is now closed.
(See Doc. 30, p. 3 (setting a discovery deadline of February 3, 2017).)
The Court also acknowledges that Defendant Fire & Life Safety America, Inc.
(“Fire & Safety”) remains a party to this action despite the joint notice of voluntary
dismissal with prejudice filed at Doc. 92 (“Joint Notice”). As Defendant Fire & Safety
neither answered the operative Complaint nor moved for summary judgment prior to the
filing of the Joint Notice, the Court finds that dismissal is appropriate under Federal Rule

of Civil Procedure 41(a)(1)(A)(i).
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

On or before Thursday, February 23, 2017, the parties are DIRECTED to
notify the Court whether they intend to: (1) submit additional briefing with
respect to the Partial MSJ; or (2) rest on the current record for resolution of
this motion.

2.

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff’s claims
against Defendant Fire & Life Safety America, Inc. are DISMISSED WITH
PREJUDICE, with each party to bear its own costs and fees.

3.

The Clerk is DIRECTED to terminate Defendant Fire & Life Safety America,
Inc. as a party to this action.

DONE AND ORDERED in Chambers in Orlando, Florida, on February 17, 2017.

Copies:
Counsel of Record

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