Seay v. Auto-Owners Insurance Company

Filing 10

ORDER DISMISSING CASE without prejudice. Each party to bear its own costs. Signed by Judge Dudley H. Bowen on 11/13/15. (cmr)

fiRIGIIUAL

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THE I'NITED STATES DISTRICT COURT FOR T H E
SOUTHERN DISTRICT OF GEORGIA
DUBI.IN DIVISION

IN

KIMBERLY FAE SEAY,
Plaintsiff,

cv 315-092
AUTO - OWNERS INSURANCE COMPANY,
Defendant.

ORDER

Dl.iht-i

fut r . t E
a

e l Psr
o u1 h 6 r i

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removed to
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FLa

The first
sioned

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was received

the

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plti11i-

f r6m

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in

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f f

.eqc

in

,.,-d

on November 6,

2015.
f i I inrrq

i.rnFd

-

c s ! ,ir-Y f a ,
u^ ^ ] '

,

30,

.:nj-

The

NOtiCe

cl-erk's

Of

Brunswick
2015.

The

was signed

by

the day before the Notice of Vol-untary Dismissal,

on

office

filing

second
Plaintiff

November 4,
received

is

2015.

at

8:26

a.m.

on November 6,

i Ff

which was

is a Notice of Vol-unEary Dismissal,

Dismissal"

divisional-

an Amended compl-aint,

which

The Amended Compl-aint,

by the clerk's

Augusta divisional

over two hours after
t

fi

'

on october

ra,,'oirrad

Lrw Plainf.i

a.m.,

qc

i:-Y

.Falf:ir

nf

court

this

filing

Voluntary

first,

nrnnaadin.r

the first

however,
office

was not

until-

10:47

filing.l

Dismissaf
was filed
Because the Notice of Voluntary
and with its answer to the complaint due on November 6,

Because

the

Ehe Amended Complain!

after

Court concludes that. it
the

dismiss

case

a1(a) (1) (A) (i) .
IT

IS

directed

is

under

are

Dismissal-

Vofuntary
and filed

first

Plaintiff's
Federa]

The dismissal

in Ehe record,

intent

Rule

of

Flach narf \/ fo

bear

Civif

ORDERENTEREDat Augusta,

Procedure

under the rul-e.

f 's

cl-ai-ms aqainst

Pl-aintif

motions
iEs

the

to voluntarily

DISMISSED WITHOIIT PRE,II'DICE.

to TERMINATEall

was signed

is appropriate

THEREFORE ORDERED that

Defendan!

.aqF

of

Notice

own

and deadlines
coSES,

Georgia,

this

The

Clerk

is

and CLOSELhis

E6

'

oay or

November, 2015.

2015, Defendant fiLed
indicating
Dj,smissal"

a " N o t . i c e o f Acknowl-edgment of Voluntary
and in lieu of an answer .
i-ts consent