JACOBS v. TAKHAR COLLECTION SERVICES LTD et al

Filing 15

ORDER: Pursuant to 12 Notice of Voluntary Dismissal, claims against Defendent, DOE 1 are DISMISSED WITHOUT PREJUDICE. Clerk instructed to make the appropriate notation on the docket. Claims will proceed against Defendant, TAKHAR COLLECTION SERVICES LTD. Signed by MAGISTRATE JUDGE GARY R JONES on 9/18/2012. (jws)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DANIELLE JACOBS,
Plaintiff,
vs.

Case No: 1:12-cv-85-MP-GRJ

TAKHAR COLLECTION SERVICES, LTD.,
DOE 1,
Defendants.
_______________________________/
ORDER
Pending before the Court is Doc. 12, Plaintiff’s Notice of Voluntary Dismissal as
to Doe 1. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), a plaintiff may voluntarily 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. The effect of such a
voluntary dismissal by a plaintiff is that the dismissal is without prejudice, unless the
plaintiff has previously dismissed any federal or state court action based on or including
the same claim. FED . R. CIV. P. 41(a)(1)(B).
In this instance, it does not appear that Defendant Doe 1 has been served, and it
does not appear that Plaintiff has previously dismissed any action based on the same
claim.
Accordingly, upon due consideration, it is ORDERED that:
Pursuant to Plaintiff’s Notice of Voluntary Dismissal, Doc. 12, the claims against
Defendant Doe 1 are DISMISSED WITHOUT PREJUDICE. The Clerk is
instructed to make the appropriate notation on the docket. The claims will
proceed against Defendant Takhar Collection Services, Ltd.

DONE AND ORDERED this 18th day of September 2012.

s/ Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:12-cv-85-MP-GRJ