Ali v. Myron Green Corporation

Filing 40

ORDER - Vincent M. Powers' motion (Filing No. 23 ) to withdraw as counsel for the plaintiff is granted. Mr. Ali's objection (Filing No. 35 ) is overruled. Mr. Ali's oral motion to voluntarily dismiss this action is granted, pursuant to Fed. R. Civ. P. 41a(1)(A)(ii), and this case is dismissed without prejudice, each party to bear his or its own costs. Withdrawing counsel shall serve a copy of this order on Omar Ali and file a certificate of such service with the court. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
OMAR ALI,
Plaintiff,
v.
MYRON GREEN CORPORATION, d/b/a
TREAT AMERICA FOOD SERVICES,
Defendant.

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8:12CV117
ORDER

This matter is before the court on the motion (Filing No. 23) of Vincent M. Powers
and the law firm of Vincent M. Powers and Associates to withdraw as counsel for the
plaintiff. Omar Ali filed an objection (Filing No. 35) to the withdrawal. The court held a
hearing on the matter on March 4, 2013. After hearing Mr. Powers and Mr. Ali, in camera,
the court announced the motion to withdraw would be granted. Thereafter, Mr. Ali stated
he wanted to dismiss the case, without prejudice. Counsel for the defendant stated the
defendant had no objection to dismissal, without prejudice. Accordingly,
IT IS ORDERED:
1.

Vincent M. Powers’ motion (Filing No. 23) to withdraw as counsel for the

plaintiff is granted.
2.

Mr. Ali’s objection (Filing No. 35) is overruled.

3.

Mr. Ali’s oral motion to voluntarily dismiss this action is granted, pursuant to

Fed. R. Civ. P. 41a(1)(A)(ii), and this case is dismissed without prejudice, each party to
bear his or its own costs.
4.

Withdrawing counsel shall serve a copy of this order on Omar Ali and file a

certificate of such service with the court.
DATED this 4th day of March, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge