Height et al v. Phantom Fireworks Eastern Region, LLC

Filing 37

ORDER DISMISSING CASE. Accordingly, the Court DISMISSES the action WITH PREJUDICE, and DIRECTS the Clerk to CLOSE the case. Signed by District Judge R. Stan Baker on 11/21/22. (loh)

Case 4:21-cv-00174-RSB-CLR Document 37 Filed 11/21/22 Page 1 of 2

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

TRINT HEIGHT, and SHAMEKA
LASHAWN JOHNSON, individually and as
parents and next friends of T.H., a minor,
Plaintiffs,

CIVIL ACTION NO.: 4:21-cv-174

v.
PHANTOM FIREWORKS EASTERN
REGION, LLC d/b/a PHANTOM
FIREWORKS OF SAVANNAH,
Defendant.

ORDER
Before the Court is a “Dismissal With Prejudice,” signed and filed by counsel for Plaintiffs
on October 27, 2022, wherein Plaintiffs purport to “authorize[] and direct[] the Clerk of this Court
of United State District Court for the Southern District of Georgia Savannah Division [sic] to mark
th[is] case ‘Settled, Satisfied and Dismissed with Prejudice’ upon the docket and records of the
Court.” (Doc. 36.) Because the document was not signed by all parties who have appeared and
because Defendant has filed an Answer, 1 (see doc. 5), Federal Rule of Civil Procedure 41(a)(2)

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On the topic of signing and filing documents, the “Dismissal with Prejudice” and accompanying
Certificate of Service filed by Plaintiffs both bear hand-written (“wet ink”) date information and attorney
signatures. (See doc. 36.) Plaintiffs’ counsel is directed to review Local Rule 5.5, which requires that
documents be “signed . . . by electronic means to the extent and in the manner permitted or required by the
Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means in
Civil and Criminal Cases in the United States District Court for the Southern District of Georgia (available
on the Court’s website at ‘www.gasd.uscourts.gov’).” S.D. Ga. L.R. 5.5; see also Administrative
Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, Section II.C (“A
pleading or other document requiring an attorney’s signature shall be signed in the following manner,

Case 4:21-cv-00174-RSB-CLR Document 37 Filed 11/21/22 Page 2 of 2

applies and the action “may be dismissed at the plaintiff’s request only by court order, on terms
that the court considers proper.” Plaintiffs’ filing does not propose or request any specific terms,
and Defendant has not filed a response voicing any opposition to dismissal with prejudice or
requesting any terms for the dismissal. Accordingly, the Court DISMISSES the action WITH
PREJUDICE, and DIRECTS the Clerk to CLOSE the case.
SO ORDERED, this 21st day of November, 2022.

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

whether filed electronically or submitted on CD-ROM to the Clerk’s Office: ‘s/ (attorney name).’”).
Counsel shall comply with these directives in making future filings with this Court.
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