United States of America v. Douglas, II et al

Filing 27

ORDER that the plaintiff's complaint is dismissed without prejudice. This case is closed. Ordered by Judge John M. Gerrard. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

8:15-CV-57

vs.
ORDER
WILLIAM LEE DOUGLAS, II, et al.,
Defendants.
This matter is before the Court on the plaintiff's Notice of Dismissal
(filing 26). Pursuant to that notice, the plaintiff's claims will be dismissed
without prejudice. See Rule 41(a)(1)(A)(i). The Court notes that the plaintiff is
not precluded by the automatic bankruptcy stay from voluntarily dismissing
its claims against the defendants, as such a dismissal is not a "continuation"
of a proceeding against a debtor within the meaning of 11 U.S.C. § 362(a)(1).
See Dennis v. A.H. Robins Co., Inc., 860 F.2d 871, 872 (8th Cir. 1988); see also
O'Donnell v. Vencor Inc., 466 F.3d 1104, 1110-11 (9th Cir. 2006).
IT IS ORDERED:
1.

The plaintiff's complaint is dismissed without prejudice.

2.

This case is closed.

Dated this 2nd day of March, 2016.
BY THE COURT:

John M. Gerrard
United States District Judge