Donegal Mutual Insurance Company v. Prolectrical Electrical Contractors et al
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
DURHAM, DALE SMITH, WARREN
TIMOTHY WAYNE DURHAM,
Dismissal Without Prejudice.
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) .
41 (a) (1) (A) (i)
"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,
Prolectric Electrical Contractors,
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.
Or, if Plaintiff wishes
only those parties who have not
filed an answer
specify for the Court
the parties it wishes to dismiss.
ORDER ENTERED at Augusta,
J. ^ANDM^HALL, ZHIEF JUDGE
SOUTiiE^N DISTRICT OF GEORGIA
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