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)

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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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