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
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