Interface Operations LLC v. Kwame Luangisa

Filing 59

ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that 51 plaintiff's motion to dismiss be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that the instant matter Interface Operations LLC v. Kwame Luangisa, case number 2 :16-cv-00280-JCM-CWH, be, and the same hereby is, DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that 51 defendant's motion for attorney's fees be, and the same hereby is, DENIED without prejudice.IT IS FURTHER ORDERED that 38 defendant's motion for summary judgment be, and the same hereby is, DENIED as moot. See Order for details. Signed by Judge James C. Mahan on 3/22/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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INTERFACE OPERATIONS LLC,

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Case No. 2:16-CV-280 JCM (CWH)
Plaintiff(s),

ORDER

v.
KWAME LUANGISA,

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Defendant(s).

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Presently before the court is plaintiff Interface Operations LLC’s motion to dismiss. (ECF

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No. 51). Defendant Kwame Luangisa filed a response (ECF No. 52), to which plaintiff replied

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(ECF No. 55).

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Also before the court is defendant’s motion for attorney’s fees. (ECF No. 53). Plaintiff
filed a response (ECF No. 56), to which defendant replied (ECF No. 58).
Federal Rule of Civil Procedure 41(a) governs voluntary dismissal of actions and provides
as follows:

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James C. Mahan
U.S. District Judge

(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66
and any applicable federal statute, the plaintiff may dismiss an action
without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have
appeared.
(B) Effect. Unless the notice or stipulation states otherwise, the dismissal
is without prejudice. But if the plaintiff previously dismissed any federalor state-court action based on or including the same claim, a notice of
dismissal operates as an adjudication on the merits.

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(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an action may be
dismissed at the plaintiff’s request only by court order, on terms that the court
considers proper. If a defendant has pleaded a counterclaim before being served
with the plaintiff’s motion to dismiss, the action may be dismissed over the
defendant’s objection only if the counterclaim can remain pending for independent
adjudication. Unless the order states otherwise, a dismissal under this paragraph
(2) is without prejudice.
Fed. R. Civ. P. 41(a).
In the instant motion, plaintiff moves to voluntarily dismiss the instant action with
prejudice. (ECF No. 51). Defendant does not oppose dismissing the action with prejudice (ECF
No. 52), but requests leave to submit a memorandum of attorney’s fees (ECF No. 53).

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In light of the foregoing, the court will grant plaintiff’s motion to dismiss the instant action

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with prejudice. The court will deny defendant’s motion for attorney’s fees as it does not comply

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with Local Rule 54-16(b)’s requirements for motions for attorney’s fees. See LR 54-16(b).
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiff’s motion to
dismiss (ECF No. 51) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that the instant matter Interface Operations LLC v. Kwame
Luangisa, case number 2:16-cv-00280-JCM-CWH, be, and the same hereby is, DISMISSED
WITH PREJUDICE.
IT IS FURTHER ORDERED that defendant’s motion for attorney’s fees (ECF No. 53) be,
and the same hereby is, DENIED without prejudice to his ability to resubmit a motion that
complies with the federal and local rules.
IT IS FURTHER ORDERED that defendant’s motion for summary judgment (ECF No.
38) be, and the same hereby is, DENIED as moot.
DATED March 22, 2017.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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