Colony Insurance Company v. MONEY'S INC et al
Filing
23
ORDER granting 22 Motion to Dismiss Complaint without prejudice. Ordered by Judge C. Ashley Royal on 8/21/12 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
COLONY INSURANCE COMPANY, :
:
Plaintiff,
:
:
v.
:
:
No. 5:11‐CV‐334 (CAR)
MONEY’S, INC., GEORGE WILLIS, :
JR., NU MONEY RECORDS AND
:
ENTERTAINMENT, INC., DEXTER :
MAXWELL, JR., DEMETRIA BROWN, :
:
Defendants.
:
___________________________________ :
ORDER ON PLAINTIFF’S MOTION TO DISMISS
Before the Court is Plaintiff Colony Insurance Company’s Motion to
Voluntarily Dismiss Without Prejudice [Doc. 22], pursuant to Rule 41(a)(2) of the
Federal Rules of Civil Procedure. Plaintiff moves to dismiss this declaratory judgment
action involving insurance coverage without prejudice because a settlement has been
reached with the Defendants in the underlying litigation. Defendants have not filed a
response, and the time to do so has expired.
Rule 41(a)(2) gives district courts the authority to dismiss an action at the
plaintiffʹs request. See Fed. R. Civ. P. 41(a)(2) (“Except as provided in Rule 41(a)(1), an
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action may be dismissed at the plaintiff’s request only be court order, on terms that the
court considers proper.”). “The district court enjoys broad discretion in determining
whether to allow a voluntary dismissal under Rule 41(a)(2), [and] in most cases, a
voluntary dismissal should be granted unless the defendant will suffer clear legal
prejudice, other than the mere prospect of a subsequent lawsuit, as a result.”
Pontenberg v. Boston Sci. Corp., 252 F.3d 1253, 1255 (11th Cir. 2001) (internal
quotation omitted). “In exercising its broad equitable discretion under Rule 41(a)(2),
the district court must weigh the relevant equities and do justice between the parties
in each case, imposing such costs and attaching such conditions to the dismissal as are
deemed appropriate.” Id. at 1256 (internal quotation omitted). Unless otherwise
specified, a dismissal under Rule 41(a)(2) is without prejudice. See Fed. R. Civ. P.
41(a)(2).
Here, Plaintiff represents that a settlement has been reached in the underlying
litigation. In light of this representation, the instant declaratory judgment action is no
longer ripe for judicial resolution. Any prejudice against Defendants by granting this
Motion would be minimal. Accordingly, Plaintiff’s Motion [Doc. 22] is GRANTED,
and the instant action is DISMISSED without prejudice.
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SO ORDERED, this 21st day of August, 2012.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
LMH
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