Felton et al v. Wells Fargo Bank et al

Filing 29

ORDER granting 25 Motion to Dismiss; finding as moot 20 Motion to Dismiss Signed by Honorable David C. Bramlette, III on 9/16/2014 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CEASAR FELTON and MARY FELTON

PLAINTIFFS

vs.

CAUSE NO. 3:13-cv-829(DCB)(MTP)

WELLS FARGO BANK, ET AL.

DEFENDANTS

ORDER OF DISMISSAL WITHOUT PREJUDICE
This

cause

is

before

the

Court

on

defendants

Demetrius

Weatherbrook, Bennie Warrington and the Yazoo County Board of
Supervisors’ motion to dismiss without prejudice (docket entry 20),
and on the plaintiffs Ceasar Felton and Mary Felton’s Notice of
Dismissal (docket entry 25), which the Court construes as a Motion
for Voluntary Dismissal pursuant to Federal Rule of Civil Procedure
41.

Because the defendants have filed answers to the plaintiffs’

complaint, a voluntary dismissal must be by either stipulation
pursuant

to

Fed.R.Civ.P.

41(a)(1)(A)(ii),

or

by

court

order

pursuant to Fed.R.Civ.P. 41(a)(2). The defendants do not object to
a dismissal without prejudice by the Court pursuant to Rule
41(a)(2).1

Accordingly,

IT IS HEREBY ORDERED that the plaintiffs’ Motion for Voluntary
Dismissal

1

(docket

entry

25)

is

GRANTED,

and

this

action

is

All defendants have responded to the plaintiffs’ motion, and
all consent to the voluntary dismissal without prejudice.
See
docket entry 26 (defendants Weatherbrook, Warrington and Yazoo
County Board of Supervisors); docket entry 27 (defendants Morris &
Associates and Southern); docket entry 28 (defendants Wells Fargo
Bank and Federal National Mortgage Company).

DISMISSED WITHOUT PREJUDICE;
FURTHER ORDERED that defendants Demetrius Weatherbrook, Bennie
Warrington and the Yazoo County Board of Supervisors’ motion to
dismiss without prejudice (docket entry 20) is MOOT;
A Final Judgment dismissing this case without prejudice shall
follow.
SO ORDERED, this the 16th day of September, 2014.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

2