Ajibade et al v. Harris et al

Filing 81

ORDER granting 67 Motion to Dismiss Ambrose, Reed and Webster. Signed by Judge William T. Moore, Jr on 9/9/16. (jlm)

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

SOLOMAN OLUDAMISI AJIBADE,
as natural parent of Mathew
Ajibade; ADENIKE HANNAH
AJIBADE, as natural parent of
Mathew Ajibade; THE ESTATE OF
MATHEW AJIBADE; and CHRIS
OLADAPO, Executor;
CASE NO. CV416-082

Plaintiffs,
V.

C)

JOHN WILCHER, in his official
capacity as Chatham County
Sheriff; CORIZON HEALTH,
INC.; CORIZON, LLC; GREGORY
BROWN; BURT AMBROSE;
FREDERICK BURKE; ABRAM BURNS;
MARK CAPERS; MAXINE EVANS;
ANDREW EVANS-MARTINEZ; PAUL
FOLSOME; DEBRA JOHNSON; JASON
KENNY; CHRISTOPHER REED; ERIC
VINSON; and BENJAMIN WEBSTER;

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Defendants.
ORDER

Before the Court is Plaintiffs' Motion to Voluntarily
Dismiss Ambrose, Reed and Webster Under Rule 41(a) (2) (Doc.
67.) Plaintiffs request that Defendants Reed and Ambrose be
dismissed with prejudice and Defendant Webster be dismissed
without prejudice. (Id.) No defendant has responded in
opposition to Plaintiffs' motion.

f)

Pursuant to Federal Rule of Civil Procedure 41(a) (2),
"an action may be dismissed at the Plaintiff's request only
by court order, on terms that the court considers proper.
Unless the order states otherwise, a dismissal under this
paragraph . . . is without prejudice." Dismissal on motion
of the plaintiff is within the discretion of the district
court. McCants v. Ford Motor Co., 781 F.2d 855, 857 (11th
Cir. 1986).

"[In most cases, a voluntary dismissal should

be granted unless [a] defendant will suffer clear legal
prejudice, other then the mere prospect of a subsequent
lawsuit, as a result." Pontenberg v. Boston Sci. Corp., 252
F.3d 1253, 1255 (11th Cir. 2001). After careful
consideration of the record in this case, the Court

GRANTS

Plaintiffs' motion to dismiss Defendants Ambrose, Reed, and
Webster. Defendants Reed and Ambrose are
PREJUDICE

and Defendant Webster is

PREJUDICE.

The Clerk of Court is

DISMISSED WITH

DISMISSED WITHOUT

DIRECTED

to amend the

caption accordingly.
SO ORDERED this

Q1
i

day of September 2016.

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

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