Zarb et al v. Grant Homes Incorporated et al

Filing 10

ORDER Granting re 9 Notice of Voluntary Dismissal filed by Barry Zarb, Marcia Zarb. This action is dismissed without prejudice with each party to bear its own fees and costs. Signed by Judge William T. Moore, Jr on 7/27/17. (loh)

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

BARRY ZARB and MARCIA ZARB,
Plaintiffs,
CASE NO. CV417-093

GRANT HOMES INCORPORATED,
BRIAN GRANT, and SCOTT GRANT,
Defendants.

ORDER

Before
Dismissal,

the

Court

(Doc.

9.)

is

Plaintiffs'

Pursuant

to

Notice

Federal

of

Rule

Voluntary
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

have

filed

neither

an

answer

nor

motion

for summary judgment in this case. Plaintiffs' request is
GRANTED and this action is DISMISSED WITHOUT PREJUDICE with

each

party to bear its own fees and costs. The Clerk of

Court is DIRECTED to close this case.

SO ORDERED this

of July 2017.

WILLIAM T. MOORE
UNITED STATES

SOUTHERN

DISTRICT COURT

DISTRICT OF GEORGIA