Donegal Mutual Insurance Company v. Prolectrical Electrical Contractors et al

Filing 22

ORDER re 21 Notice of Voluntary Dismissal filed by Donegal Mutual Insurance Company. Plaintiff may not voluntarily dismiss all claims under Fed. R. Civ. P. cited. Signed by Chief Judge J. Randal Hall on 11/30/2017. (pts)

IN THE UNITED

STATES DISTRICT COURT

SOUTHERN DISTRICT

OF

FOR THE

GEORGIA

AUGUSTA DIVISION

DONEGAL MUTUAL

INSURANCE

*

COMPANY,

*

Plaintiff,

*

CV 117-116

*

v.
*

PROLECTRIC

*

ELECTRICAL

CONTRACTORS, CHRISTOPHER
DURHAM, DALE SMITH, WARREN

*

SCHMINDT,

*

JOHN WAYNE,

and

TIMOTHY WAYNE DURHAM,
Defendants.

ORDER

Presently

before

the

Court

Dismissal Without Prejudice.

is

Plaintiff's

(Doc. 21.)

Notice

of

Plaintiff attempts to

voluntarily dismiss "all of the claims in the pending action

without prejudice" pursuant to Federal Rule of Civil Procedure
41(a) (1) (A) (i) .

(IdJ

Rule

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

states

that

a

"plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment . . . ."

At least one defendant,

has

filed

an

answer.

(Doc.

Prolectric Electrical Contractors,

16.)

Thus,

Plaintiff

may

not

voluntarily dismiss all claims in the pending action under Rule

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

If Plaintiff desires to dismiss all claims, it

must look to other sections of Rule 41.
to

dismiss

or motion

Or, if Plaintiff wishes

only those parties who have not
for

summary judgement,

it must

yet

filed an answer

specify for the Court

the parties it wishes to dismiss.

ORDER ENTERED at Augusta,
November,

Georgia,

this ^0

day of

2017.

J. ^ANDM^HALL, ZHIEF JUDGE
UNITED

STATES

DISTRICT

COURT

SOUTiiE^N DISTRICT OF GEORGIA