Jahn v. Tiffin Holdings, Inc. et al

Filing 70

MEMORANDUM AND ORDER granting 68 Plaintiff's Motion to Withdraw Remaining Count III; and directing the Clerk to close the case. Signed by Judge Stephanie A. Gallagher on 6/1/2020. (c/m 6/1/20 bmhs, Deputy Clerk)

Case 1:18-cv-01782-SAG Document 70 Filed 06/01/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
*
*
*
*
*
*
*
*
*
*

KYLE A. JAHN,
Plaintiff,
v.
TIFFIN HOLDINGS, INC., et al.
Defendants.
*

*

*

*

*

*

*

Civil Case No. SAG-18-1782

*

*

*

*

*

*

MEMORANDUM AND ORDER
On May 14, 2020, Plaintiff Kyle Jahn (“Plaintiff”) filed a Motion to Withdraw
Remaining Count III of Amended Complaint and Request to Enter Final Judgment, ECF 68 (“the
Motion”).

On the same day, this Court entered an Order directing Defendants to file an

opposition to the Motion on or before Friday, May 29, 2020. ECF 69. No opposition was filed.
The Motion is thus ripe for decision, and no hearing is necessary. See Loc. R. 105.6 (D. Md.
2018).
Federal Rule of Civil Procedure 41(a)(2) provides that at any time, the plaintiff may
request that an action, in whole or in part, be dismissed. Such motions “should not be denied
absent plain legal prejudice to the defendant.” Ellett Bros., Inc. v. U.S. Fidelity & Guar. Co.,
275 F.3d 384, 388 (4th Cir. 2001). Here, while discovery has concluded, only Plaintiff has filed
a dispositive motion, and that motion was decided in his favor. Defendants filed neither a
counterclaim nor a motion for summary judgment. Thus, the Court cannot discern any legal
prejudice to Defendants from the voluntary dismissal of Count III at this stage. See Bridge Oil,
Ltd. v. Green Pac. A/S, 321 F. App’x 244, 245 (4th Cir. 2008).

Case 1:18-cv-01782-SAG Document 70 Filed 06/01/20 Page 2 of 2

Therefore, it is, this 1st day of June, 2020, hereby ORDERED that Plaintiff’s Motion to
Withdraw Remaining Count III, ECF 68, is GRANTED. The Clerk is DIRECTED to CLOSE
this case. Should Plaintiff seek to recover his attorneys’ fees and other costs associated with this
litigation, he must file an appropriate motion on or before June 22, 2020. Defendants shall have
twenty-one (21) days to respond to Plaintiff’s request for fees and costs, beginning from the day
on which Plaintiff files his motion. A final order of judgment will follow the Court’s decision on
Plaintiff’s request for costs and fees. The Clerk is further DIRECTED to mail a copy of this
Memorandum and Order to Defendants at their respective addresses of record.

/s/
Stephanie A. Gallagher
United States District Judge

2