Carlton et al v. Greenpoint Mortgage Funding, Inc. et al

Filing 16

ORDER that the Plaintiffs' Motion to Dismiss 15 is hereby construed as a Notice of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). Signed by District Judge Martin Reidinger on 07/03/2012. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12cv09

ANDREW CARLTON and
CHERYLE CARLTON,

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Plaintiffs,
vs.
GREENPOINT MORTGAGE
FUNDING, INC., et. al.,
Defendants.

ORDER

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THIS MATTER is before the Court on the Plaintiffs’ Motion to Dismiss
[Doc. 15]. No response in opposition has been filed.
Although the pleading is denominated as a motion, it is actually a Notice
of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). The
Plaintiffs note in the pleading that no answer or motion for summary judgment
has been filed and reference Rule 41(a)(1)(A). [Doc. 15]. That Rule provides
that a plaintiff may dismiss an action without court order by filing a notice of
dismissal before the opposing party has filed an answer or motion for
summary judgment. The motion will therefore be construed as such.

IT IS, THEREFORE, ORDERED that the Plaintiffs’ Motion to Dismiss
[Doc. 15] is hereby construed as a Notice of Dismissal pursuant to Federal
Rule of Civil Procedure 41(a)(1)(A).
The Clerk of Court is instructed to terminate this as a pending case.
Signed: July 3, 2012