Evanston Insurance Company v. Mellors et al

Filing 118

ORDER denying 117 Motion to Dismiss. If the parties still wish to dismiss this case they are directed to file a new stipulation or motion under one of the provisions of Rule 41. Signed by Judge William T. Moore, Jr on 4/20/2016. (loh)

FILED
U.S. DISIFUCT COURT
SAVANIAH DIV.

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA Z(II6 APR 2O PM 3:56
SAVANNAH DIVISION

L

EVANSTON INSURANCE COMPANY,

so. OSG.A

Plaintiff,
V

.

CASE NO. CV413-136
WILLIAM MELLORS; JOEY HERREN;
SHARON HERREN; GERGORY PAUL
SrJCHER; NONSTOP FITNESS, INC.;
CLUB MANAGEMENT SERVICES, INC.
f/k/a Nonstop Fitness, INC.;
CURTIS HUFFMAN; LIKEN
ENTERPRISES d/b/a Active
Nutrition Corporation; and
BARRIN INNOVATIONS, LLC;
Defendants.
ORDER

Before the Court is Plaintiff's Voluntary Motion to Dismiss
pursuant to Federal Rule of Civil Procedure 41(a) (1) (B). (Doc.
117.) For the following reasons, Plaintiff's motion must be
DENIED.

Pursuant to Rule 41(a) (].) (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."
Alternatively, under Rule 41(a) (1) (A) (ii), an action may be
dismissed pursuant to "a stipulation of dismissal signed by all
parties who have appeared." Plaintiff's request falls under
neither of these provisions. Certain defendants have answered
Plaintiff's complaint, precluding dismissal under Rule
41(a) (1) (A) (i). Moreover, Plaintiff's motion is not signed by
all parties who have appeared, precluding dismissal under Fed.

R. Civ. Pro. 41(a) (1) (A) (ii). Finally, this Court is entitled to
enter an order of dismissal pursuant to Rule 41(a) (2) but only
"on terms the court considers proper." No terms have been
presented to the Court in this case. Accordingly, Plaintiff's
motion (Doc. 117) is

DENIED.

If

the parties still wish to

dismiss this case they are DIRECTED to file a new stipulation or
motion under one of the provisions of Rule 41.
SO ORDERED this 20 day of April 2016.

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

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