U.S. Energy Sciences, Inc. et al v. State Automobile Mutual Insurance Company

Filing 29

ORDER denying without prejudice 28 Motion to Dismiss. Signed by Judge J. Randal Hall on 01/06/2017. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
*

U.S.

ENERGY SCIENCES,

INC.,

et

*

al. ,

*
*

Plaintiffs,

*
*

STATE AUTOMOBILE MUTUAL

616-042

*

INSURANCE COMPANY,

CV

*
*

Defendant.

*

*

ORDER

Presently

Prejudice.

to

before

(Doc. 28.)

voluntarily

41(a)

the

Court

is

Plaintiffs'

Dismissal

The Court must deny Plaintiffs'

dismiss

because

it

does

not

comply

With

attempt

with

Rule

of the Federal Rules of Civil Procedure.

Rule

41(a)

provides

two

paths

by

which

a

voluntarily dismiss an action: with a court order
without

a

dismiss

the

"(i)

notice

a

either

an

court

order

(41(a)(2)).

action without

of

answer

stipulation

of

appeared."

Fed.

R.

Civ.

the

for

summary

signed

P.

by

plaintiff

opposing

all

may

(41(a)(1))

she must

before

a motion

dismissal

a

a court order,

dismissal
or

If

plaintiff

wishes

or
to

file

either

party

serves

judgment;

parties

or

(ii)

who

41 (a) (1) (emphasis added).

a

have

If a

plaintiff wishes to voluntarily dismiss an action otherwise, she

must

request

41(a)(2),

a

court

order

using

Rule

41(a)(2).

Under

Rule

a court may dismiss an action "on terms that the court

considers proper."

Plaintiffs may not voluntarily dismiss this action pursuant
to

41(a)(1)

complaint

because
and

Defendant

Plaintiffs

has

have

dismissal signed by all parties.
41(a)(2),

41(a) (1)
grounds

already
not

answered

filed

a

stipulation

of

Neither may they dismiss under

because they have not requested dismissal pursuant to

and

thus

not

put

for their request.

Plaintiffs'

attempt

to

Defendant
See Fed.

voluntarily

on
R.

proper

Civ.

dismiss

P.

(doc.

notice
7(B) (1).

10)

WITHOUT PREJUDICE for failure to comply with Rule 41

ORDER ENTERED
January,

Plaintiffs'

at

Augusta,

Georgia,

this

is

of

the

Thus,

DENIED

(a).

(^^ day

2017.

HONORABLE J.x RANDAL'HALL

united/states DISTRICT JUDGE
}RN DISTRICT OF GEORGIA

of