ZUFFA LLC v. STRANGE et al

Filing 7

ORDER OF DISMISSAL pursuant to Plaintiff's 6 Notice of Voluntary Dismissal. Signed by SENIOR JUDGE STEPHAN P MICKLE on 11/27/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
ZUFFA LLC d/b/a
THE ULTIMATE FIGHTING
CHAMPIONSHIP (UFC),
Plaintiff,
v.

CASE NO.: 1:12cv244-SPM/GRJ

CHARLES STRANGE and
CHIEFLAND BILLIARDS INC.,
d/b/a CHIEFLAND BILLIARDS
a/k/a CHIEFLAND BILLIARDS
AND FUN CENTER,
Defendants.
__________________________/
ORDER OF DISMISSAL
This cause comes before the Court upon Plaintiff’s Notice of Voluntary
Dismissal with prejudice (doc. 6). Defendant has not filed either an answer to
the Plaintiff’s Complaint or a motion for summary judgment. Therefore, Plaintiff is
entitled to a voluntary dismissal with prejudice pursuant to Federal Rule of Civil
Procedure 41(a)(1)(A)(I) and 41(A)(1)(B). See also, Matthews v. Gaither, 902
F.2d 877, 880 (11th Cir.1990) (“It is well established that Rule 41(a)(1)(i) grants a
plaintiff an unconditional right to dismiss his complaint by notice and without an

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order of the court at any time prior to the defendant’s service of an answer or a
motion for summary judgment.”). Further, a plaintiff’s Notice of Dismissal
pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) is effective immediately
upon the filing. Id. Accordingly, it is
ORDERED AND ADJUDGED that this case is dismissed. The clerk shall
close this case.
DONE AND ORDERED this 27th day of November, 2012.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

CASE NO.: 1:12cv244-SPM/GRJ