Anderson et al v. Cox Communications Georgia, LLC et al

Filing 19

ORDERED that Plaintiff Anthony Oliver's claims against Defendants Target Corporation, TD Bank US Holding Company, and Premier Bankcard, LLC are DISMISSED WITHOUT PREJUDICE. Plaintiff John Anderson's claims against the aforementioned Defendants, however, shall remain unaffected by the instant dismissal - re 17 16 18 Notice of Voluntary Dismissal filed by Anthony Oliver. Signed by Judge J. Randal Hall on 12/19/16. (cmr)

IN THE UNITED

STATES DISTRICT

COURT

FOR THE

SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

JOHN ANDERSON

and ANTHONY

*

OLIVER,

*
*

Plaintiffs,

*

v.

*

COX COMMUNICATIONS GEORGIA,
LLC;

CV

416-255

*

TD BANK US HOLDING COMPANY; *

PREMIER BANKCARD,

LLC;

TARGET

*

CORPORATION; and DOES 1 through
20, inclusive,

*
*
*

Defendants.

*

ORDER

Presently

before

the

Court

is

Plaintiff

Anthony

Oliver's

notices of dismissals without prejudice in regards to Defendants

Target Corporation

17),

(doc.

and Premier Bankcard,

notices

of

Defendants

dismissal

having

dismissal
41(a)(1).

TD Bank US Holding Company

LLC

(doc.

filed

either

18).x

prior

an

to

answer

Plaintiff Oliver's
the

or

aforementioned

a

motion

is appropriate under Federal Rule of Civil

("[A]

before

(doc.

for

Upon due consideration, this Court finds that

See Carter v.

1977)

lawsuit

were

served

summary judgment.

Cir.

16),

United States,

547

plaintiff has an absolute

the

defendant

has

filed

an

Procedure

F.2d 258,

259

(5th

right to dismiss
answer

or

a

summary

judgment motion'7 and a defendant's filing of a motion to dismiss
1 On November 18, 2016, the Court entered an Order dismissing with prejudice
Plaintiffs' claims against Defendant Berlin-Wheeler, Inc. (Doc. 15.)

does

not

terminate

Plaintiff

Anthony

Corporation,
LLC

are

claims

TD

right) .

Oliver's

Bank

DISMISSED

against

that

US

the

claims

Holding

WITHOUT

IT

IS

THEREFORE

against

Company,

PREJUDICE.

aforementioned

and

ORDERED

Defendants
Premier

Plaintiff

Defendants,

John

that

Target

Bankcard,
Anderson's

however,

shall

remain unaffected by the instant dismissal.

ORDER ENTERED at Augusta,
December,

Georgia,

this

/v^^day of

2016.

HONO^B/LE^J. RANJ2f#L HALL
unitVdtstates DISTRICT JUDGE
SOUTHERN

DISTRICT OF GEORGIA