Fred W. Gretsch Enterprises, Ltd. v. Loog Guitars, LLC

Filing 10

ORDER vacating re 9 Order approving Notice of Voluntary Dismissal. Defendant has not filed an answer in this case, this action is dismissed without prejudice. The case remains closed. Signed by Judge William T. Moore, Jr on 3/15/2013. (loh)

IN THE UNITED STATES
h ?kW,~ OURTFOR
DISTRICT OF GE RGI.
THE SOUTHERN
SAVANNAH DIV
NP

FRED W. GRETSCH ENTERPRISES,
LTD.,

)

Plaintiff,
CASE NO. CV412-264

V.

LOOG GUITARS, LLC,
Defendant.
ORDER

On March 6, 2013, this Court entered an order approving
Plaintiff's Notice of Voluntary Dismissal and dismissed the
action with prejudice. (Doc. 9.) After entering that order,
Plaintiff notified the Court that it intended to dismiss without
prejudice.

Accordingly, the Court

VACATES

approving voluntary dismissal with prejudice.

its prior order
Pursuant to

Federal Rule of Civil Procedure 41(a) (1) (A) (1), a plaintiff may
dismiss an action by filing 'a notice of dismissal before the
opposing party serves either an answer or a motion for summary
judgment." Because Defendant has not filed an answer in this
case, this action is DISMISSED WITHOUT PREJUDICE. The case
remains closed
SO ORDERED this /S—day of March 2013.

WILLIAM T MOORE, J OK
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA