Merry v. Sossomon et al

Filing 17

ORDER dismissing as moot 10 Report and Recommendations; granting 13 Motion to Dismiss. The Clerk of Court is directed to close the case. Signed by Judge William T. Moore, Jr on 3/31/15. (wwp)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA•T
SAVANNAH DIVISION

FINLEY H MERRY,

)

-LD L Ur

Plaintiff,
CASE NO. CV413-137

V.

CREIGI-ITON W. SOSSOMON,

individually; JANET ALLISON
SOSSOMON, as partner of
Creighton W. Sossomon; and
CREIGHTON W. SOSSOMON & JANET
A. SOSSOMON, a partnership;
Defendants.
ORDER

Before the Court is Plaintiff Finley H. Merry's Motion
to Dismiss Without Prejudice. (Doc. 13.) In the motion,
Plaintiff seeks to voluntarily dismiss this case without
prejudice based on the Chapter

7

bankruptcy proceedings

against Defendant Creighton W. Sossomon currently pending
in the Western District of North Carolina. (Id. at 1.)
Defendant Janet Allison Sossomon has responded in
opposition, requesting that "the Court make a term of the
dismissal that Plaintiff reimburse Defendant [Janet
Sossomon] all costs and expenses, including attorney fees,
incurred in the defense of this action." (Doc. 14 at 2.)
After careful consideration, Plaintiff's motion is GRANTED
and this case is

DISMISSED WITHOUT PREJUDICE.

Should

Plaintiff ref lie this suit, Defendant Janet Sossomon can
seek costs pursuant to Federal Rule of Civil Procedure
41(d) at that time. As a result of dismissal, the pending
Report and Recommendation is DISMISSED AS MOOT.

The Clerk

of Court is DIRECTED to close this case.
SO ORDERED this

day of March 2015.

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

Fn