Econo-Lube N'Tune, Inc. v. Orange Racing, LLC et al

Filing 15

ORDER re 14 Notice of Voluntary Dismissal, the Voluntary Dismissal is deemed to be a Motion to Dismiss under Rule 41(a)(2) and is GRANTED, and this action is DISMISSED. Signed by District Judge Max O. Cogburn, Jr on 09/01/2015. (jlk)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:12-cv-00449-MOC-DCK
ECONO-LUBE N'TUNE, INC.,

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Plaintiff,
Vs.
ROBERT TOLLENAAR
ORANGE RACING, LLC,
Defendants.

ORDER

THIS MATTER is before the court on review of the Voluntary Dismissal (#14) filed by
counsel. On June 1, 2015, counsel for plaintiff filed a Voluntary Dismissal; however, since
defendants had earlier answered the Complaint, this matter could only be voluntarily dismissed
by filing a Stipulation of Dismissal under Rule 41(a)(1)(A), Federal Rules of Civil Procedure,
which requires that the stipulation of dismissal be signed “by all parties who have appeared.”
The court will, therefore, treat the Voluntary Dismissal as a Motion for Dismissal under
Rule 41(a)(2) and will grant that motion as it appears that the issues in this matter have been
resolved and that the defendants, having asserted no counterclaims, have no interest in the
continuation of this case.
ORDER
IT IS, THEREFORE, ORDERED that the Voluntary Dismissal (#14) is deemed to be a
Motion to Dismiss under Rule 41(a)(2) and is GRANTED, and this action is DISMISSED.
Signed: September 1, 2015

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