Synovus Bank v. Bokke IV, LLC et al

Filing 176

ORDER GRANTING 175 Defendant Eley's motion to dismiss, and the third-party claims asserted by Defendant Eley in this action are hereby DISMISSED. Signed by District Judge Martin Reidinger on 3/24/2014. (Pro se litigant served by US Mail.)(khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00071-MR-DLH

SYNOVUS BANK,

)
)
Plaintiff,
)
)
vs.
)
)
BOKKE IV L.L.C., JAMES ELEY,
)
LAURA KELLY, JOHN KELLY, SR.,
)
MARLON NIEMAND, MARK P. KELLY, )
JOHN G. RECKENBEIL, and SIMON )
MANNION,
)
)
Defendants,
)
)
vs.
)
)
KEITH VINSON, et al.,
)
)
Third Party
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Notice of Voluntary
Dismissal filed by Defendant James Eley, which the Court construes as a
motion to dismiss. [Doc. 175].
In response to the Court’s Order of March 6, 2014 [Doc. 171], the
Defendant James Eley has filed a notice indicating that he wishes to
voluntarily dismiss his claims against the Third Party Defendants in this

action.

The Court will construe Defendant Eley’s filing as a motion to

dismiss pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure
and will grant the motion.
IT IS, THEREFORE, ORDERED that the Defendant Eley’s motion to
dismiss [Doc. 175] is GRANTED, and the third-party claims asserted by
Defendant Eley in this action are hereby DISMISSED.
IT IS SO ORDERED.

Signed: March 24, 2014

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