Garner et al v. United States Of America et al

Filing 43

ORDER DISMISSING CASE without prejudice. This case stands closed. Each party shall bear their own costs and fees. Signed by Chief Judge J. Randal Hall on 6/14/2018. (pts)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

ROYCE GARNER and GLADYS

GARNER,

Plaintiffs,

*

CV 117-086

V.

UNITED STATES OF AMERICA, et

al.,
Defendants.

ORDER

Before the Court is Plaintiffs' notice of voluntary dismissal

without prejudice against all remaining

Defendants.

have

Rule

filed

their

notice

under

Federal

of

41(a)(1)(A)(i) on the basis that "Mnjone of the

Plaintiffs'

Civil

Defendants have

filed a Motion for Summary Judgment in this Action."
All the

Defendants

complaint.
complaint

Thus,
under

have, however, filed an

Plaintiffs

Rule

cannot

41(a)(1)(A)(i).

(Doc. 40.)

answer to Plaintiffs'

voluntarily
See

Procedure

dismiss

Pontenberq

their

v.

Boston

is

still

Scientific Corp., 252 F.3d 1253, 1255 (11th Cir. 2001).
Nevertheless,

warranted.

In

the

Court

response

to

finds

that

Plaintiffs'

Defendants filed a stipulation of dismissal.

dismissal

filing,

all

remaining

Accordingly, the Court

construes Plaintiffs' motion as a request for dismissal by court
order under Rule 41(a)(2) and GRANTS Plaintiffs' request to dismiss

the remaining Defendants WITHOUT PREJUDICE.

The Court ORDERS the

Clerk to CLOSE this case and TERMINATE all deadlines.

Each party-

shall bear their own costs and fees.

ORDER ENTERED at Augusta, Georgia, this

June, 2018.

,,'^CHIEF JUDGE
"ATES DISTRICT COURT

SOUTHEl^N DISTRICT OF GEORGIA