Thomas v. JP Morgan Chase

Filing 22

ORDER construing Plaintiff's Notice of Dismissal as a Motion for Voluntary Dismissal With Prejudice, which the Court GRANTS. Signed by Judge Gregory L Frost on 12/16/13. (sem1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

SHRONNA THOMAS
Plaintiff,

Case No. 2:13-cv-0061
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

v.
JP MORGAN CHASE,
Defendant.
ORDER
Before the Court is Plaintiff Shronna Thomas’s “Notice of Dismissal With Prejudice,”
purporting to voluntarily dismiss this action. (ECF No. 21.) Because Defendant has filed an
answer, however, Plaintiff may not dismiss this action by way of notice. See Fed. R. Civ. P.
41(a)(1)(A)(i). Plaintiff may only obtain voluntary dismissal by way of a stipulation or by court
order. Fed. R. Civ. P. 41(a)(1)(A)(ii) and 41(B). Because Plaintiff’s filing is not a stipulation (it
is not signed by all parties), the Court construes Plaintiff’s filing as a motion for voluntary
dismissal with prejudice.
For good cause shown, the Court hereby DISMISSES this action with prejudice.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE