Kelly v. Malloy

Filing 10

ORDER OF DISMISSAL - IT IS ORDERED that this matter be, and hereby is, dismissed without prejudice, each party to bear their own costs; it is FURTHER ORDERED that the hearing scheduled for December 18, 2009 is cancelled. Ordered by Chief Judge Joseph F. Bataillon. (TCL )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U N IT E D STATES OF AMERICA, Petitioner, v. MALLOY PLUMBING, INC. D A V ID MALLOY, PRESIDENT, Respondent. ) ) ) ) ) ) ) ) ) ) ) C iv il Action No. 8:09CV00396

O R D E R OF DISMISSAL

T h is matter is before the Court on the Petitioner's voluntary Notice of Dismissal [ F ilin g No. 9]. While Fed.R.Civ.Pro. 41(a)(1) provides that no order is necessary where, a s here, such notice is filed prior to Respondent's having filed an answer or motion for s u m m a ry judgment, in the interest of clarity for docketing purposes, upon consideration, a n d for good cause shown, I T IS ORDERED that this matter be, and hereby is, dismissed without prejudice, e a c h party to bear their own costs; it is F U R T H E R ORDERED that the hearing scheduled for December 18, 2009 is c a n c e lle d . D A T E D this 8th day of December, 2009.

B Y THE COURT: /s Joseph F. Bataillon J O S E P H F. BATAILLON C h ie f District Court Judge