Prince v. J.P. Morgan Chase & Co.

Filing 24

ORDER constructing 23 Stipulation of Dismissal filed by Cheryl Prince, as Motion and DISMISSES the action WITH PREJUDICE. Signed by Judge Gregory L Frost on 8/25/14. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
CHERYL PRINCE,
Plaintiff,
v.

Case No. 2:13-cv-462
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

J.P. MORGAN CHASE & CO.,
Defendant.
ORDER
On August 25, 2014, Plaintiff filed a document intended to dismiss this action with
prejudice. (ECF No. 23.) To effectuate its intended purpose, this document cannot be a notice
of voluntary dismissal under Federal Rule of Civil Procedure 41(a) because such a notice would
be effective only if filed prior to a defendant’s filing of an answer or a motion for summary
judgment, Fed. R. Civ. P. 41(a)(1)(A)(i), or if the filing is a stipulation of dismissal signed by all
of the parties that have appeared in the action, Fed. R. Civ. P. 41(a)(1)(A)(ii). Because neither
set of circumstances is present in this case, Plaintiff cannot dismiss the action via Rule 41(a)(1).
Accordingly, construing Plaintiff’s document as a motion filed under Federal Rule of Civil
Procedure 41(a)(2), this Court GRANTS the motion and DISMISSES this action WITH
PREJUDICE. (ECF No. 23.) The Clerk shall therefore terminate this case on the docket
records of the United States District Court for the Southern District of Ohio, Eastern Division.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE