Thomas v. State of NC et al

Filing 63

ORDER dismissing as moot 37 Motion to Dismiss by Vanguard Professional Staffing and Susan Boyette; dismissing as moot 38 Motion to Dismiss by Orange County Government, Orange County Department of Social Services,Dustin L owell, and Denise Shaffe; denying as moot 44 Motion to Dismiss by State of North Carolina; dismissing as moot 51 Motion to Stay of All Civil Claims and Proceedings; dismissing as moot 54 Motion for Stay of All Civil Claims and Proceedings; terminating as moot 59 Memorandum and Recommendations; granting 62 Motion for Voluntary Dismissal. This action is DISMISSED without prejudice. Signed by District Judge Robert J. Conrad, Jr on 3/29/2016. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-120-RJC-DSC
SHARON THOMAS,

)
)
Plaintiff,
)
)
v.
)
)
STATE OF NORTH CAROLINA, UNC )
HEALTHCARE SYSTEM SERVICES, )
LLC, UNC SCHOOL OF MEDICINE,
)
ZACONJIA C. TITUS, ORANGE
)
COUNTY GOVERNMENT, DENISE
)
SHAFFER, DUSTON LOWELL,
)
VANGUARD PROFESSIONAL
)
STAFFING, SUSAN BOYETTE, and
)
ORANGE COUNTY DEPARTMENT
)
OF SOCIAL SERVICES,
)
)
Defendants.
)
____________________________________ )

ORDER

THIS MATTER comes before the Court on Defendants Vanguard Professional Staffing
and Susan Boyette’s Motion to Dismiss Plaintiff’s Amended Complaint, (Doc. No. 37);
Defendants Orange County Government, Orange County Department of Social Services, Dustin
Lowell, and Denise Shaffer’s Motion to Dismiss Plaintiff’s Amended Complaint, (Doc. No. 38);
The State of North Carolina’s Motion to Dismiss, (Doc. No. 44); Plaintiff’s Motion to Stay of
All Civil Claims and Proceedings, (Doc. No. 51); Plaintiff’s Continued Motion for Stay of All
Civil Claims and Proceedings, (Doc. No. 54); the Magistrate Judge’s Memorandum and
Recommendation (“M&R”), (Doc. No. 59); and Plaintiff’s Motion for Voluntary Dismissal,
(Doc. No. 62).
In lieu of filing objections to the M&R, Plaintiff has filed her Motion for Voluntary

Dismissal under Federal Rule of Civil Procedure 41. Although filed as a motion, the Court
interprets this document as a notice of dismissal pursuant to Rule 41(a)(1)(A). If a plaintiff files
a notice of dismissal before the adverse party serves it with “an answer or a motion for summary
judgment,” the dismissal is available as a matter of unconditional right. Fed. R. Civ. P.
41(a)(1)(A)(i); Marex Titanic, Inc. v. Wrecked & Abandoned Vessel, 2 F.3d 544, 546 (4th Cir.
1993). No defendant has filed an answer or motion for summary judgment in this case;
therefore, Plaintiff’s Motion for Voluntary Dismissal must be granted.
IT IS, THEREFORE, ORDERED that:
1. Defendants Vanguard Professional Staffing and Susan Boyette’s Motion to Dismiss
Plaintiff’s Amended Complaint, (Doc. No. 37), is DISMISSED as moot.
2. Defendants Orange County Government, Orange County Department of Social Services,
Dustin Lowell, and Denise Shaffer’s Motion to Dismiss Plaintiff’s Amended Complaint,
(Doc. No. 38), is DISMISSED as moot.
3. The State of North Carolina’s Motion to Dismiss, (Doc. No. 44), is DISMISSED as
moot.
4. Plaintiff’s Motion to Stay of All Civil Claims and Proceedings, (Doc. No. 51), is
DISMISSED as moot.
5. Plaintiff’s Continued Motion for Stay of All Civil Claims and Proceedings, (Doc. No.
54), is DISMISSED as moot.
6. The Magistrate Judge’s Memorandum and Recommendation, (Doc. No. 59), is
TERMINATED as moot.
7. Plaintiff’s Motion for Voluntary Dismissal, (Doc. No. 62), is GRANTED, and this action
is DISMISSED without prejudice.

8. The Clerk of Court is directed to close this case.
Signed: March 29, 2016