Rushing v. Enterprise Rent-A-Car Company et al

Filing 20

ORDER: The 16 Notice of Voluntary Dismissal filed by Anglelia C Rushing is denied without prejudice to refiling a dismissal with prejudice as to those defendants. Signed by Judge John W. deGravelles on 7/25/2018. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ANGELIA C. RUSHING
CIVIL ACTION
VERSUS
NO. 18-460-JWD-EWD
ENTERPRISE RENT-A-CAR
COMPANY, ET AL.

ORDER

Before the Court is Plaintiff's Notice of Dismissal Pursuant to FRCP 41(a)(1)(A)(i)
(Doc. 16) in which Plaintiff attempts to dismiss his case without prejudice. This effort is
opposed by defendant Nissan North America, Inc. (NNA), (Doc. 19), which has filed an
answer. Plaintiff's Notice of Dismissal is denied as to NNA and EAN Holdings, LLC d/b/a
Enterprise Rent-A-Car (incorrectly named as “Enterprise Holding Company Inc. d/b/a
Enterprise Rent A Car), without prejudice to Plaintiff refiling a dismissal with prejudice as to
those defendants. NNA has demonstrated legal prejudice under F.R.C.P. 41(a)(2);
specifically, NNA has shown effort and expense in preparing for trial and Plaintiff's
insufficient explanation of the need for a dismissal without prejudice. Elbaor v. Tripath Imaging,
Inc., 279 F.3d 317, n. 3 (5th Cir. 2002).
Signed in Baton Rouge, Louisiana, on July 25, 2018.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA