Gonzalez v. Peterson

Filing 41

ORDER denying 40 Motion Kelly A. Powers to Appear Pro Hac Vice (Filing fee $ 255 receipt number 0977-2008905.) filed by Whitney Merlynn Peterson and 39 Motion Stephen J. Cullen to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2008904.) filed by Whitney Merlynn Peterson. The motions are denied because this action was dismissed without prejudice on September 6, 2017. Signed by Judge Susan P. Watters on 9/12/2017. (EMH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

FILED
SEP 12 2017
Clerk, U.S. District Court
District Of Montana
Billings

HECTOR GUILLERMO SMITH
MAC DONALD GONZALEZ,

CV 17-34-BLG-SPW

Plaintiff,
ORDER
vs.
WHITNEY MERLYNN PETERSON,
Defendant.
Before the Court are motions to admit attorneys for Defendant Whitney
Peterson pro hac vice. (Docs. 39 and 40). On September 6, 2017, Plaintiff Hector
Gonzalez voluntarily dismissed the action. (Doc. 36). As of that date, Peterson
had not filed an answer or a motion for summary judgment. A plaintiffs
voluntarily dismissal of an action before the opposing party has filed an answer or
a motion for summary judgment has the legal effect of a court order dismissing the
action without prejudice. Fed. R. Civ. P. 41(a)(l)(A-B). The motions are denied
because this action was dismissed without prejudice on September 6, 2017.
DATED this

~~ofSeptember, 2017.

~ /7. JaA:"-t<.
"S1JSANP.
WATTERS
United States District Judge

1