Munn v. Wind Rose Cafe', LLC

Filing 15

ORDER DISMISSING CASE with prejudice. The Clerk is directed to close the case. Signed by Judge William T. Moore, Jr on 9/30/21. (wwp)

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

ROY MUNN, individually,
Plaintiff,
CASE NO. CV421-132

V.

WIND ROSE CAFE', LLC,

a Domestic Limited Liability
Company; WINDROSE OF TYBEE
ISLAND, INC., a Domestic
Corporation;
Defendants.

ORDER

Before the Court is Plaintiff Roy Munn's Voluntary Dismissal

with Prejudice. (Doc. 14.) Defendant filed an answer to Plaintiff's
Amended Complaint on May 23, 2021. (Doc. 7.) After an answer is
filed,

a

plaintiff

may

dismiss

an

action

only

by

filing

""a

stipulation of dismissal signed by all parties who have appeared."
Fed. R. Civ. P. 41(a)(1)(A)(i), (ii). Plaintiff's notice is not

signed by both parties. (Doc. 14.) Accordingly, Federal Rule of
Civil

Procedure

dismissal.

41(a)(1)

Notwithstanding,

provides

no

pursuant to

grounds

for

Federal Rule

voluntary

of Civil

Procedure 41(a)(2), "an action may be dismissed at the plaintiff's

request . . . on terms that the court considers proper." Because
the Court finds dismissal will not prejudice any party to this

case, Plaintiff's motion (Doc. 14) is GRANTED. Accordingly, this
action is DISMISSED WITH PREJXJDICE. The Clerk of Court is DIRECTED
to close this case.

so ORDERED this

day of September 2021.

WILLIAM T. MOORE,
UNITED STATES

SOUTHERN

DISTRICT

COURT

DISTRICT OF GEORGIA