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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Hulsing & Associates Architects, P.C.,

)
)
Plaintiff,
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vs.
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Joe Girard and The Joseph M. & Margaret )
Ann Girard Family Trust,
)
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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