Black v. F&S, LLC, et al

Filing 79

ORDER ordering that plf's claims with respect to dfts F & S, LLC (a/k/a Fischer-Schindler, LLC), James F. Garro, and Sienna Financial Ltd. are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(2) OF FRCvP. Signed by District Judge Richard Voorhees on 10/9/2008. (cbb)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL DOCKET NO.: 5:02CV105-V LARRY BLACK, Plaintiff, ) ) ) vs. ) ) F & S, LLC, et al., ) Defendants. ) ___________________________________ )

ORDER Rule 41(a)(2) Dismissal

THIS MATTER is before the court upon an oral motion of Plaintiff Larry Black, through counsel, made in open court on October 8, 2008. Plaintiff Black moves for voluntary dismissal without prejudice of all remaining causes of action against Defendants F & S, LLC (a/k/a FischerSchindler, LLC), James F. Garro, and Sienna Financial, Ltd.1 Under Rule 41(a)(2), "[A]n action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper ... Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice."

FED. R. CIV. P. 41(a)(2). IT IS HEREBY ORDERED that Plaintiff's claims with respect to Defendants F & S, LLC (a/k/a Fischer-Schindler, LLC), James F. Garro, and Sienna Financial, Ltd. are DISMISSED without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.

Plaintiff's Amended Complaint, filed August 6, 2004, alleged the following causes of action for each of these defendants: F & S, LLC - Counts 2, 3, 8 and 13; James F. Garro - Counts 1 - 13; and Sienna Financial, Ltd. - Counts 9, 11, 12-13. (Document #42) 1

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Signed: October 9, 2008

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