Hulsing & Associates Architects, P.C. v. Joseph M. & Margaret Ann Girard Family Trust, The

Filing 24

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 23 Motion Voluntarily Dismiss Defendants' Professional Negligence Counterclaim. (BG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Hulsing & Associates Architects, P.C., ) ) Plaintiff, ) ) vs. ) ) Joe Girard and The Joseph M. & Margaret ) Ann Girard Family Trust, ) ) Defendants. ) ORDER Case No. 1:16-cv-399 Before the court is a “Motion and Memorandum to Voluntary Dismiss Defendants’ Professional Negligence Counterclaim” filed by defendants on February 21, 2017. Plaintiffs seek to voluntary dismiss their counterclaim against plaintiff without prejudice and without assessment of costs. Approximately 37 days have passed since he filed his motion and the current defendants have yet to file a response or otherwise object. See D.N.D. Civ. L.R. 7.1(F) (“An adverse party’s failure to serve and file a response to a motion may be deemed an admission that the motion is well taken.”). Accordingly, the court GRANTS defendants’ motion (Docket No. 23) and DISMISSES their professional negligence counterclaim without prejudice and without costs. IT IS SO ORDERED. Dated this 30th day of March, 2017. /s/ Charles S. Miller, Jr. Charles S. Miller, Jr., Magistrate Judge United States District Court

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