American Safety Utility Corporation v. State Auto Property and Casualty Insurance Company

Filing 15

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)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:22-cv-00158-MOC-WCM AMERICAN SAFETY UTILITY CORPORATION, ) ) ) Plaintiff, ) ) vs. ) ) STATE AUTO PROPERTY AND CASUALTY ) INSURANCE COMPANY ) ) ) Defendant. ) ______________________________________ ) ORDER 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. ORDER 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 own costs. 1 Case 1:22-cv-00158-MOC-WCM Document 15 Filed 11/21/22 Page 1 of 2 Signed: November 18, 2022 2 Case 1:22-cv-00158-MOC-WCM Document 15 Filed 11/21/22 Page 2 of 2

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