Holley v. Kia Motors Corporation

Filing 20

ORDER GRANTING 19 Motion to Dismiss and DISMISSING AS MOOT 6 Motion to Dismiss for Failure to State a Claim. Plaintiff's motion to dismiss [D.E. 19] is GRANTED, and the action is DISMISSED without prejudice. Defendant's motion to dismiss [D.E. 6] is DISMISSED as moot. The clerk shall close the case. Signed by Chief Judge James C. Dever III on 1/8/15. (O'Brien, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-532-D

FAREN A. HOLLEY, Administratrix
of the Estate of Craig J. Gause,
Plaintiff,

v.

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KIA MOTORS CORPORATION,
Defendant.

ORDER

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On January 8, 2015, plaintiff filed a motion to dismiss her action against defendant [D .E. 19].
Plaintiff filed it pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Because
defendant has yet to file an answer or motion for summary judgment, plaintiff could have filed a
notice of dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. In any
event, plaintiff's motion to dismiss [D.E. 19] is GRANTED, and the action is DISMISSED without
prejudice. Defendant's motion to dismiss [D.E. 6] is DISMISSED as moot. The clerk shall close
the case.
SO ORDERED. This _8_ day of January 2015.