Montana v. IMR Inc.

Filing 8

ORDER adopting 7 Notice of Voluntary Dismissal filed by Brett Montana. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Brett Montana, an individual,
Plaintiff,
vs.
IMR Inc., a Washington corporation,
Defendant.

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ORDER OF DISMISSAL

Case No. 1:12-cv-091

Plaintiff filed a Notice of Voluntary Dismissal. Rule 41(a) of the Federal Rules of Civil
Procedure provides for the voluntary dismissal of an action by a plaintiff. A plaintiff may seek to
dismiss an action without a court order by filing: “(I) a notice of dismissal before the opposing party
serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by
all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). However, if a defendant served either an
answer or a motion for summary judgment and if no stipulation of dismissal exists, “an action may be
dismissed at the plaintiff’s request only by court order, on terms that the court considers proper.” Fed.
R. Civ. P. 41(a)(2). A court order granting voluntary dismissal is without prejudice “[u]nless the order
states otherwise.” Id.
The Court ADOPTS Plaintiff’s notice (Docket No. 7) and ORDERS that the action be
dismissed without prejudice and without costs pursuant to Rule 41(a)(1)(A)(I) of the Federal Rules of
Civil Procedure.
IT IS SO ORDERED.
Dated this 29th day of April, 2013.

/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr.
United States Magistrate Judge