Gerber Life Insurance Company v. Montgomery-Caudle et al

Filing 9

ORDER APPROVING re 8 Notice (Other) filed by Gerber Life Insurance Company. Signed by Judge William T. Moore, Jr on 4/19/2013. (loh)

flLEO
U. S. DSTR'.
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORPF 9
SAVANNAH DIVISION

GERBER LIFE INSURANCE COMPANY,
Plaintiff,
CASE NO, CV413-071

It

LATONYA W. MONTGOMERY-CAUDLE and
TERRANCE MASON,
Defendants.

ORDER

Before the Court is Plaintiff Gerber Life Insurance
Company's Notice of Dismissal Without Prejudice. (Doc. 8.)
Pursuant to Federal Rule of Civil Procedure 41(a) (1) (A) (i), 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 Defendants Latonya W.
Montgomery-Caudle and Terrance Mason have not filed eit 1her an
answer or a motion for summary judgment in this case,
Plaintiffs' request
WITHOUT PREJUDICE.

is GRANTED

and this action

is DISMISSED

The Clerk of Court is DIRECTED to close this

case.
SO ORDERED this /7day of April 2013.

.
WILLIAM T. MOORE,
UNITED STATES DISICT COURT
SOUTHERN DISTRICT OF GEORGIA