Zapata v. Allied Property and Casualty Insurance Company et al

Filing 14

MEMORANDUM AND ORDER granting 13 Notice of Case Dismissal; this matter is dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN ZAPATA, an Individual and
as Assignee,
Plaintiff,
v.
ALLIED PROPERTY AND
CASUALTY INSURANCE
COMPANY, NATIONWIDE
MUTUAL INSURANCE
COMPANY, an Ohio Corporation,
and INSPRO, INC., a Nebraska
corporation,
Defendants.

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4:13CV3044

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s “Notice of Voluntary Case
Dismissal Without Prejudice” (Filing No. 13), which the court liberally construes as
a motion to voluntarily dismiss pursuant to Federal Rule of Civil Procedure 41.
Pursuant to Rule 41(a)(2), “an action may be dismissed at the plaintiff’s request only
by court order, on terms that the court considers proper.” Here, Defendants filed a
Notice of Removal against Plaintiff from the District Court of Lancaster County,
Nebraska, on March 4, 2013. (Filing No. 1.) The following day, Defendants moved
to extend the time in which to file their responsive pleading to April 8, 2013, which
the court granted. (Filing No. 6.) On March 28, 2013, Plaintiff moved to voluntarily
dismiss this matter without prejudice. (Filing No. 13.) Defendants did not object to
Plaintiff’s motion to voluntarily dismiss this matter without prejudice, and they did
not file a responsive pleading to Plaintiff’s Complaint. In light of these facts,

IT IS THEREFORE ORDERED that:
1.
Plaintiff’s “Notice of Voluntary Case Dismissal Without Prejudice”
(Filing No. 13) is granted, and this matter is dismissed without prejudice.
2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 25th day of April, 2013.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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