Video Display Corporation v. Lexel Imaging Systems, Inc. et al

Filing 19

OPINION & ORDER: 1) all pending motions in the case are deemed MOOT. 2) this action is dismissed without prejudice and shall be STRICKEN FROM THE ACTIVE DOCKET. Signed by Judge Karen K. Caldwell on 12/9/2014.(STC)cc: COR,D

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
AT LEXINGTON
CIVIL ACTION NO. 5:14-CV-403-KKC
VIDEO DISPLAY CORPORATION
v.

PLAINTIFF

OPINION AND ORDER

LEXEL IMAGING SYSTEMS, INC.,
CITADEL PARTNERS, LLC, and
KALE K. ROSCOE

DEFENDANTS
** ** ** ** **

This matter is before the Court on the plaintiff’s Notice of Voluntary Dismissal (DE
16). The Federal Rules of Civil Procedure provide that a plaintiff may dismiss an action
without a court order by filing a notice of dismissal “before the opposing party serves
either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). None
of the defendants has filed an answer or summary judgment. In such circumstances, this
court has “no discretion” to deny the dismissal. Aamot v. Kassel, 1 F.3d 441, 443 (6th Cir.
1993). Accordingly, this matter must be dismissed pursuant to the plaintiff’s notice of
voluntary dismissal.
The defendants argue that the rule should not apply in this case because there has
been some activity. But the rule unambiguously provides for voluntary dismissal where
the defendants have not filed an answer or summary judgment motion. The Sixth Circuit
has determined that the rule should be taken “at face value” and should be assumed to
“mean what it says.” Aamot, 1 F.3d at 444 (quoting Carter v. United States, 547 F.2d 258,
259 (5th Cir.1977)). The rule “sanctions no such case-by-case analysis of the amount of
effort expended by the defendants.” Id.

For these reasons, IT IS HEREBY ORDERED that:
1) all pending motions in the case are deemed MOOT.
2) this action is dismissed without prejudice and shall be STRICKEN FROM
THE ACTIVE DOCKET.
Dated December 9, 2014.

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