Corbacho Daudinot v. Puig Valdes et al

Filing 87

Unopposed MOTION to Dismiss 1 Complaint,, Voluntarily Without Prejudice persuant to Federal Rule of Civil Procedure 41(a)(2) by Miguel Angel Corbacho Daudinot. Responses due by 7/9/2015 (Bravo, Kenia)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIGUEL ANGEL CORBACHO DAUDINOT.
Plaintiff,

CASE NO. 1:13-cv-22589-KMV

v.
YASIEL PUIG VALDES a/k/a YASIEL PUIG
and MARITZA VALDES GONZALEZ.
Defendants.
______________________________________/
UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL WITHOUT
PREJUDICE PURUSANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2)
COMES NOW the Plaintiff, MIGUEL ANGEL CORBACHO DAUDINOT, by and
through the undersigned counsel, and respectfullys file this Unopposed Motion for Voluntary
Dismissal Without Prejudice and with no award of fees or costs, based on the following:
1.

The Plaintiffs filed the instant case on July 18, 2013, when Plaintiff, was serving

time in Cuban prison as a result of the Defendant’s actions, which were alleged in the Complaint.
2.

Plaintiff had been convicted to a seven year prison sentence on October 8, 2010,

which recognized the time already served by him in prison, which began on January 20, 2010.
3.

Despite Plaintiff’s unavailability at the time of filing, Plaintiff filed the instant

case against the Defendants in the expectation that Plaintiff would be able to travel to the United
States with sufficient time to participate in pre-trial discovery and trial.
4.

The court suggested to Plaintiff’s counsel when the parties appeared before the it

on May 27, 2015 that Plaintiff move voluntarily dismiss the case without prejudice if the
Plaintiff did not arrive by the discovery deadline.
5.

As of the filing of this instant motion, Plaintiff has not been able to travel to the

United States.
6.

Avelino J. Gonzalez, co-counsel representing Plaintiff, called Sean Santini,

counsel for the Defendants, regarding the instant motion, and Attorney Santini informed
Attorney Gonzalez that Defendants did not oppose the instant motion.

LEGAL MEMORANDUM
Pursuant to Rule 41(a)(2), Plaintiff, with the approval of the Court, may dismiss an action
voluntarily and without prejudice to future litigation at any time during the litigation process.
McCants v. Ford Motor Company, Inc., 781 F.2d 855 (11th Cir. 1986). Only if a defendant will
suffer clear legal prejudice is denial of a motion for voluntary dismissal warranted. Id. at 857.
See also Pontenberg v. Boston Scientific Corp., 252 F.3d 1253, 1255 (11th Cir. 2001).
Here, Defendant does not object to the voluntary dismissal of the Complaint.
Local Rule 7.1(a)(3) Certification
On June 19, 2015, Avelino J. Gonzalez, co-counsel for Plaintiff, conferred with counsel
for Defendants, Sean Santini, regarding this motion, in a good faith effort to resolve the issues
raised in the motion and was informed that Defendants would not oppose the Motion.

By: s/Avelino J. Gonzalez
_
Avelino J. Gonzalez, Esq., FBN 75530
Kenia Bravo, Esq., FBN 68296
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document was filed in federal
court using CM/ECF on June 19, 2015.
s/Kenia Bravo
_
Kenia Bravo, Esq., FBN 68296
Avelino J. Gonzalez, Esz. FBN 75530
Law Offices of Avelino J. Gonzalez, P.A.
6780 Coral Way, Miami, Florida 33155
Ph: 305-668-3535; Fax: [phone]
E-mail: [e-mail]

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