American Safety Utility Corporation v. State Auto Property and Casualty Insurance Company
ORDER granting 14 Motion to Dismiss. This case is DISMISSED without prejudice. This case is TERMINATED and the parties shall bear their own costs. Signed by District Judge Max O. Cogburn, Jr on 11/18/2022. (ams)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
AMERICAN SAFETY UTILITY
STATE AUTO PROPERTY AND CASUALTY )
THIS MATTER is before the court on Plaintiff’s Unopposed Motion for a Voluntary
Dismissal Without Prejudice. (Doc. No. 14). “A plaintiff's motion to voluntarily dismiss a claim
should not be denied absent plain legal prejudice to the defendant.” Ellett Bros., Inc. v. U.S.
Fidelity & Guar. Co., 275 F.3d 384, 388 (4th Cir. 2001). Here, Plaintiff has conferred with
Defendant, and Defendant does not oppose the motion to dismiss without prejudice. Therefore,
pursuant to Federal Rule of Civil Procedure 41(a)(2), this Court will grant the motion.
IT IS, THEREFORE, ORDERED that plaintiffs’ Unopposed Motion for a Voluntary
Dismissal Without Prejudice (Doc. No. 14) is GRANTED and accordingly this case is
DISMISSED without prejudice. This case is TERMINATED and the parties shall bear their
Case 1:22-cv-00158-MOC-WCM Document 15 Filed 11/21/22 Page 1 of 2
Signed: November 18, 2022
Case 1:22-cv-00158-MOC-WCM Document 15 Filed 11/21/22 Page 2 of 2
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