PNC Bank, National Association v. Pirate Foods, LLC et al

Filing 43

ORDER granting 41 Motion to Dismiss Defendant Myron S. Strickland with prejudice. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 2/17/2015. (Edwards, S.)

IN 1HE UNITED STATES DISTRICT COURT
FOR 1HE EASTERN DISTRICT OF NOR1H CAROLINA
WESTERN DIVISION
PNC BANK, National Association,
Plaintiff,
vs.

Case No. 5:14-cv-161-F

PIRATE FOODS, LLC; MYRON S.
STRICKLAND; and JURGEN STANLEY,
Defendants.

ORDER
This matter is before the Court on the Joint Motion to Dismiss Defendant Myron S.
Strickland with Prejudice filed by Plaintiff PNC Bank, National Association ("PNC Bank") and
Defendant Myron S. Strickland ("Strickland"). [D.E. 41.]
Federal Rule of Civil Procedure 4I(a)(2) provides that "an action may be dismissed at the
plaintiffs request ... by court order, on terms that the court considers proper." Fed. R. Civ. P.
4I(a)(2). The purpose ofRule 4l(a)(2) "is freely to allow a voluntary dismissal." Davis v. USX

Corp., 819 F.2d 1270, 1273 (4th Cir. 1987). This is particularly true when the plaintiff seeks
voluntary dismissal with prejudice. See Bioxy, Inc. v. Birko Corp., 935 F. Supp. 737, 740
(E.D.N.C. 1996) ("[A] motion for voluntary dismissal with prejudice should be granted absent
evidence of collusion, an imminent decision on the merits, or other extraordinary
circumstances.").
IT APPEARING that PNC Bank and Strickland seek dismissal of Strickland with
prejudice and that dismissal under these circumstances is proper;
IT IS, 1HEREFORE, ORDERED, ADJUDGED AND DECREED that Strickland is
dismissed from this action with prejudice pursuant to Federal Rule of Civil Procedure 4l(a)(2).

This the 17th day of February, 2015.

The {j'(;norable James C. Fox
Senior United States District Judge

2