United States Of America et al v. Genesis Vascular of Pooler, LLC et al

Filing 115

ORDER granting 113 Motion to Lift Bankruptcy Stay, and DIRECTS the Clerk of Court to LIFT the stay. The Court DISMISSES Defendant Genesis Vascular of Pooler, LLC with out prejudice, pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i). The Court DIRECTS the Clerk of Court to update the docket accordingly. Signed by District Judge R. Stan Baker on 2/25/2021. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA, et al.,
Plaintiffs,

CIVIL ACTION NO.: 4:18-cv-128

v.
GENESIS VASCULAR OF POOLER, LLC,
et al.,
Defendants.

ORDER
On January 27, 2021, the Court stayed this case in light of the recent filing of a bankruptcy
petition by Defendant Genesis Vascular of Pooler, LLC. (Doc. 111.) Since then, PlaintiffsRelators have filed a Notice of Dismissal of Claims Against Defendant Genesis Vascular of Pooler,
LLC. (Doc. 112.) Citing Federal Rule of Civil Procedure 41(a)(1), Plaintiffs-Relators emphasize
that Genesis Vascular of Pooler has not filed an answer or a motion for summary judgment in this
case and they specifically state their intent for the dismissal of this Defendant to be without
prejudice. (Id.)
At the same time that they filed their Notice of Dismissal, Plaintiffs-Relators also filed a
Motion to Lift Bankruptcy Stay. (Doc 113.) Therein, they ask the Court to lift the stay of the case
in light of their dismissal of Genesis Vascular of Pooler since the stay was premised exclusively
upon that Defendant’s pending bankruptcy proceeding. (Id.)
Pursuant to Federal Rule 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 Genesis Vascular of Pooler has not filed an answer or motion
for summary judgment in this case, the Court DISMISSES Defendant Genesis Vascular of Pooler,
LLC WITHOUT PREJUDICE. See Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc., 474
F.2d 250, 255 (5th Cir. 1973) (“[R]eading the rules governing dismissal by notice and dismissal
by motion together, we conclude that it was intended by the rule-makers to permit dismissal against
such of the defendants as have not served an answer or motion for summary judgment . . . .”). 1
The Court DIRECTS the Clerk of Court to update the docket accordingly. Additionally, given
the dismissal of this Defendant from the case, there presently appears to be no reason for the case
to be stayed. Accordingly, the Court GRANTS the Motion to Lift Bankruptcy Stay, (doc. 113),
and DIRECTS the Clerk of Court to LIFT the stay.
SO ORDERED, this 25th day of February, 2021.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as
binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981.
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